Oatman v. Goodrich

By the Court,

DlxON, C. J.

Appeal from an order overruling a demurrer to tbe complaint in an action to foreclose a mortgage. Tbe defendant Caroline Z. Greenman is a married woman, and tbe objection is that tbe husband, Charles Greenman, is not a party. Tbis is tbe only point urged upon tbe demurrer, and arises out of tbe following facts stated in tbe complaint. The mortgage was executed by Elijah Goodrich, since deceased, and tbe defendant Polly, bis wife, now widow, in tbe year 1850. Elijah died in 1853, having *590made a will by wbicb be devised tbe mortgaged premises to defendants Polly and…