Page:Federal Reporter, 1st Series, Volume 6.djvu/255

 CKOSS V. MORGAN. 243 �agreement was had, and that under the provisions thereof .to the effect that any party thereto might be at liberty to bid and purchase at snch sale, the said Drexel, Morgan & Co. pur- chased thereat, among others, the mortgaged premises de- scribed in the bill of complaint ; that the same were sold f ree and clear of ail encumbrances and liens ; that in purohasing,, the said Drexel, Morgan & Co. were acting only for the pur- pose of protecting themselves against severe loss upon their debt against Pollock; and that, thereafter, he, the defendant, bein^ a member of the firm of Drexel, Morgan & Co., received the deed above mentioned in his own name, and now holds the same, as trustee, for said firm, "and tlmt upon such con- veyance to defendant, the said Keasbey and Man claimed that they were entitled to such covenant of assvmption of the said mort- gage as such trustees, and that the same was given and intended only as indemniiy to thevi as such." �The amendment asked for is to strike ont ail of the last clause of the above sentence after the word "firm," and to insert in lieu thereof the follo-wing: "And that, upon such conveyanee to defendant the said Keasbey and Man, claim- ing that they were entitled to such covenant of assumption of the aforesaid mortgage as and for an indemnity to them as such trustees, inserted the same in said conveyanee for that purpose, and not otherwise, without the knowledge, consent, or priyity of this defendant; and that defendant had no knowledge or information of the fact that such covenant of assumption was so inserted therein, or that such claim was so made by said Keasbey and Man until after the com- mencement of this suit." �Courts of equity have great reluctance to listen to applica.. tions of this kind. After a defendant has deliberately sworn to his answer, it has always been reckoned a dangerous prjc- tice to allowhim to amend by putting in a new and different statement of facts. This is especialiy the case after the vital cbaracter of the- change proposedhas been discovered during the progres? of taking the testimcny in the cause. �Enough has been revealed by the affidavits put in, in sup- port of the application to ameiid, to render it quite sure that; ��� �