Hoppe v. Hoppe

Application for a writ of supersedeas.

The above-named plaintiffs, claiming to be the owners of an undivided interest in certain lands, brought an action in partition against the defendants, Julia Hoppe and W. A. Fountain, alleging that the latter held a mortgage upon the land, exe*537cuted to him by his co-defendant Julia. Fountain also brought an action against Julia to foreclose his mortgage, and thereafter, by an order of court, the two actions were consolidated. The court sustained defendant’s demurrer to the claim of the petitioners for the partition of the laud, and rendered judgment in his…