Roebuck v. Batten

The appellant filed a bill in equity on January 5, 1912, to foreclose a mortgage upon real estate made to J. H. Roebuck and assigned by his heirs to J. S. Roebuck. On March 4, 1912, a demurrer to the bill was interposed, the grounds being in effect that the allegations showed the instruments of indebtedness to be barred by the statute of limitations and that the original indebtedness and the credits thereon are not so stated as to enable the defendants to make a proper and legal defense. The demurrer was stricken on March 15, 1912, because it iVas sworn to by counsel and not by the defendants…