Thomson

This action was instituted for the foreclosure of a mortgage executed by the defendants to the plaintiff to secure the payment of a promissory note for the sum of six thousand three hundred dollars, -payable three years after date. The defendants by. their answer admitted the execution of the note and mortgage sued upon and that the said note was upon its face past due and unpaid. [1] They undertook to deny, however, that the purpose- of the execution of said mortgage was to secure the payment of said note, and in support of such denial proceeded to- set forth with much of detail certain relations and oral understandings between the parties to said note and mortgage at and prior to the time of the execution thereof, and which, without attempting to recite them at length,, amount, in our opinion, to nothing more than a plea that it was the mortgagee’s orally expressed intention that she would never require the defendants to pay any part of the principal of said note. As to this portion of the defendants’ answer, it seems entirely clear to us that, admitting the truth of its averments in respect to these matters, they cannot be availed of as a defense to this action, since…