Brown

The complaint in this case is not to be commended as a model of pleading. It alleges that the appellant, through her attorney, executed to the plaintiff a promissory note for the sum of twelve hundred dollars, and a mortgage to secure its payment, and that the power of attorney under which the same were executed, although properly acknowledged in fact, did not have a sufficient certificate of acknowledgment, and asked, as a part of the relief, that the certificate of acknowledgment be corrected according to the facts. The power of attorney was annexed to the complaint, but as it did not purport to confer any authority, either to borrow money or to execute a note or mortgage, the sufficiency and correctness of the certificate became immaterial. For the same reason the plaintiff could have no relief upon either the note or mortgage.

*240 The plaintiff, however, alleged in his complaint that on the eighteenth day of November, 1887 (the day on which the note was dated), he “ did pay, for and at the request of the defendant, the sum of $580, in full release and discharge of a certain note and mortgage” that had been executed by the defendant, and “ said sum of $580 forms a part of the…