Bottom v. Chamberlain

The defendant in this action, brought to foreclose a certain mortgage, demurs to the complaint of the plaintiff “ upon the following grounds and objections thereto that appear upon the face thereof, that the said complaint does not state facts sufficient to constitute a cause of action.” The defendant bases his contention upon the fact that the plaintiff has omitted to state in the complaint, as required by section 1629, “ whether any other action has been brought to recover any part of the mortgage debt, and, if so, whether any part thereof has been collected.”

The plaintiff, in…