Denials of such matters must be positive in form in order to raise an issue and put the plaintiff to his proof. Imlay v. Gubler, 77 Utah 547, 298 P. 383; Deseret Savings Bank v. Walker, 78 Utah 241, 2 P.2d 609; Kernin v. City of Coquille, 143 Or. 127, 21 P.2d 1078; State v. Hartmann, 330 Mo. 386, 51 S.W.2d 22; Petersen v. Swanson, 51 Idaho 49, 1 P.2d 630; Cockerham v. Potts, 143 Or. 80, 20 P.2d 423. It appears from the complaint that the assignment and transfer of the mortgage and note was a matter of public record.

Under such circumstances, where there is sufficient evidence, if uncontradicted, to support such verdict, as in this case, this court will not disturb the verdict or the judgment based thereon. ( Petersen v. Swanson, 51 Idaho 49, 1 P.2d 630; Boomer v. Isley, 49 Idaho 666, 672, 290 P. 405, and cases therein cited.) Appellant is entitled to judgment for the item of $165.89, with interest, since no other defense was made thereto except the illegality and unenforceability of the contracts to which we have referred.