The following excerpt is from Herrmann v. Cabinet Land Co., 112 N.E. 476, 217 N.Y. 526 (N.Y. 1916):
the second defense against which the demurrer is aimed. A denial of any of the allegations of the complaint would not be looked for in the part of the answer containing an affirmative defense. We do not say that a denial is necessary, but, for all the record shows, there may be one in some other part of the answer controverting the allegations of the complaint referred to. Within the principle of Howell v. Leavitt, supra, the entry of the defendant upon the mortgaged premises was a trespass and nothing more, and the defendant did not thereby acquire the rights of a mortgagee in possession. The second defense is therefore insufficient.
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