Van Dusen v. Kelleher

*316The opinion of the court was delivered by

Dunbar, J.

The present action was commenced in May, 1896, ta foreclose a mortgage given by one Michael McCauley to the plaintiff (appellant) ; McCauley, in his will, having appointed Daniel Kelleher executor of his estate. This complaint was a simple complaint in foreclosure, no claim being made for personal judgment. In the year 1897 an amended complaint was filed, setting up two causes of action; the first being the cause of action set forth in the original complaint, which did not allege presentation of the claim to the executor, and which did not…