Miller v. Kolb

The only question presented in this case is .as to the sufficiency of the complaint, a demurrer to which, on the ground that it did not state facts sufficient to constitute a cause of action, was sustained by the common pleas.

The material facts are, that Kolb was the owner of part of lot number forty-six, on the original plat of the town of ■ Princeton, and was in possession of the same. On the 8th day of. February, 1868, he executed a mortgage thereof to John H. French, to secure a debt which he owed to French. On the 29th day of April, 1869, Kolb executed another mortgage of the same…