Harden

The defendant in his answer does not deny any of the allegations of the complaint, which is in the ordinary form of one upon a promissory note. But it is alleged in the answer that the note sued upon is secured by a mortgage bearing even date therewith, executed by the defendant to the plaintiff upon, real estate, which is particularly described in the answer. A copy of the mortgage is annexed to *73 the answer and made a part thereof. It was recorded on the day of its execution; and the defendant alleges that it has never been foreclosed, released, transferred or abandoned. The court found that the defendant made and delivered the note as alleged in the complaint; that the plaintiff was the lawful owner and holder thereof; that no part of the principal or interest had been paid; and that at the date of said findings there was due to the plaintiff on it the sum of three thousand and fourteen dollars. And the court found that all the allegations of -the answer in respect of the execution of a mortgage as security for the payment of said note were true. As a conclusion of law, the court found that the plaintiff held a mortgage upon real estate to secure the payment of the note,…