Damon v. Leque

*254The opinion of the court was delivered by

Scott, J.

Judgment went against the plaintiffs in this action on a demurrer interposed by the defendants to their complaint, on the ground that it failed to state a cause of action. The action purported to be one to remove a cloud from title. The complaint alleged, however, that one Iverson and wife, who were then the owners of the land in controversy, executed to the plaintiffs a mortgage thereon to secure the payment of $950 and alleged the foreclosure of such mortgage and a sale of the land thereunder to the plaintiffs; that after the giving of the…