Teisinger v. Hardy

Quieting Title ? Complaint ? Fraudulent Mortgage ? Evidence ? Sufficiency ? Equity ? Pleading ? Reply ? Departure ? Appeal ? Law of Case. Mortgages ? Fraudulent Assignment After Payment ? Lien Extinct. 1. Where a mortgage has been fully paid, its subsequent assignment with intent to defraud creditors does not keep the lien thereof alive. Same ? Quieting Title ? Complaint ? When Sufficient. 2. The complaint in an action to quiet title alleging ownership and right of possession in plaintiff, and that defendant claims some right therein which is groundless and invalid, is sufficient. Pleading ? Function of Reply ? Reply cannot Aid Complaint. 3. The office of a reply is to join issue on, or avoid new matter alleged in, the answer; it cannot aid the complaint by supplying an omission broadening its scope or adding a new ground of relief. Same ? Quieting Title ? When Reply not Departure from Cause of Action Stated in Complaint. 4. Plaintiff in an action to quiet title, not being advised as to the nature of the claim defendant may assert to the property in