Gray v. Singer

The appellee, as administrator of the estate of Nancy Case, sued the appellant for a personal judgment and the foreclosure of a mortgage.

The transcript discloses the filing of a complaint, demurrer thereto, with the court’s ruling against the demurrer, and a bill of exceptions. No record entries appear, excepting those upon said three filings and said ruling.

The bill of exceptions recites further proceedings up to, and including, the general finding and conclusion of *258the court in favor of the appellee, but it is not recited that any of such proceedings were entered upon the order-books of the…