¶1Suit on notes, and to foreclose a mortgage. *232Answer: denial; payment; set-off; and former recovery on the same mortgage. Reply: denying the payment, and admitting the set-off. Demurrer to the fourth paragraph of the answer sustained; which presents the only point made. It appears that the mortgage was given to secure three notes, of even date, but payable at different days; they were all assigned, the second to a person other than the plaintiff, who sued and, it is alleged, had judgment for the amount and for foreclosure. The answer relies on this proceeding as a merger of the mortgage contract in said judgment. To have enabled us to have passed upon that point, the record of the judgment should have been filed with, or made a part of, the answer. It was not done, and, consequently, the demurrer thereto was correctly sustained.
¶2The appellee confesses that an error occurred in taking a personal judgment against the wife, who signed the mortgage, but not the notes.
¶3Per Curiam. — For the error confessed, so much of the judgment is reversed; but the balance is affirmed, at the costs of the appellee.