Kohner v. Ashenauer

Cope, J. concurring.

This is an action for the foreclosure of a mortgage of certain real property, executed by the husband to secure his promissory note to the plaintiff, and to set aside a conveyance of the premises previously executed by him to his wife. The wife interposed a demurrer to the complaint, for want of a sufficient averment of facts to constitute a cause of action against her, and for misjoinder of parties by making her a defendant. This demurrer the Court sustained, with leave to the plaintiff to amend; and on his failing to accept of the leave thus extended, judgment final was…