Bakes v. Gilbert

— Action by the appellant against the appellees. The appellant’s complaint, in the first instance, was in one paragraph, upon a mortgage purporting to have been executed by the appellees to secure the payment of a note given by the appellee Samuel A. Gilbert. The appellees were husband and wife. The appellee Alice answered in three paragraphs: 1. The general denial. 2. Infancy. 3. Non est factum, under oath.

The appellant demurred to the second paragraph of her answer for want of facts, etc., but his demurrer was overruled. An exception was taken, and this ruling is assigned as error. The…