Jenkins v. Gold Dollar Mining & Milling Co.

Writ of error by plaintiff in the lower court, who brought a suit to foreclose a mortgage on real property, and to set aside a sheriff’s deed obtained by the defendants, a partnership, and judgment creditors of the mortgagor. - A general demurrer was sustained to the plaintiff’s second amended complaint, and, as he elected to stand upon it, judgment was entered against him.

The complaint alleged the following pertinent facts: the giving and recording of the mortgage, and the default; that prior to and at the time of the giving of the mortgage, a judgment lien existed of record against the…