Bing v. Morse

Ragan, C.

In the district court of Lancaster county was filed a petition for the foreclosure of a real estate mortgage. The petition did not allege whether any proceedings had been had at law for the recovery of the debt secured by the mortgage, or any part thereof, nor whether said debt, or any part of the same, had been paid. The defendants submitted a general demurrer to the petition which the court overruled. The defendants refused to plead farther, suffered a decree, and have filed a petition in error.

The sole question presented is the sufficiency of the petition to support the decree.…