Butler v. Thornburgh

This was an action to foreclose a mortgage on real estate, brought by the appellee against the appellants.

It is first contended on this appeal that the court erred in overruling the demurrer to each paragraph of the complaint.

The action was originally brought by Milton Thorn-burgh, the appellee’s intestate, who recovered judgment against appellants, and obtained a decree of foreclosure, and for the sale of the real estate. From this judgment an appeal was taken to this court, where the judgment was reversed as to the interest in the land held by the appellant Martha Butler as wife of her…