Brewster-Greene

This was a suit to foreclose a mortgage on real px’operty. The complaint was in the usual form in such eases, but the breach relied on was a failure to pay taxes before delinquency, as stipulated in the mortgage. A few months after the original complaint was filed a supplemental complaint was also filed, alleging the maturity of the note and mortgage and the failure to pay the mortgage debt. (Ttterly ignoring the equity rules, the defendants filed five separate pleas, or answers, to the complaint and supplemental complaint. The first was called an answer and cross-complaint, though no affirmative relief was sought; the second, third, and fourth were cross-complaints, and the fifth was an answer to the supplemental complaint, embodying nearly everything contained in the former pleadings and adding nothing to the issues. The so-called answer and cross-eomplaint averred, in substance, that the mortgage in suit was given to secure the payment of the purchase price in part; that the executory contract, pursuant to which the deed and mortgage were executed and delivered, contained a stipulation wherein the plaintiff agreed to place the defendants in possession of the mortgaged premises…