Rosa v. Devingenzo

This is an action instituted to foreclose a real estate mortgage of $600, with interest. To the second amended complaint respondent filed a general and special demurrer, paragraphs 1 and 2 of which reads, as follows:

"I.

"That the said complaint does not state facts sufficient to constitute a cause of action against the two defendants, Gennaro Devengenzo and Antonio Devengenzo, or either of them.

"II.

"That the said complaint shows plainly upon its face that the said action which is an action for the foreclosure of a certain mortgage is barred by the Statute of Limitations of the State of Idaho;…