Martin v. Reed

This was a suit by Reed, as assignee, against Martin and wife, to foreclose a mortgage, or deed of trust, executed by the latter to Relson Kellenbarger on certain *219lands in Warren county, in this State. A demurrer to the complaint, for the want of sufficient facts to constitute a cause of action, was filed and overruled.

A trial was had upon issues of fact, which resulted in a finding and judgment for the plaintiff. The defendants below appeal. u

The ruling of the court on the demurrer to the complaint raises the only question for our decision. The facts, as they appear by the complaint, are…