Acker v. Massman

Davis, J. —

The appellee instituted this action against the Bruning & Acker Mill Co. upon an . account for work, labor and materials, and to foreclose a mechanic’s lien, and made appellant, Anna M. E. Acker, a party defendant thereto and asked for judgment of foreclosure against her as a subsequent and junior mortgagee.

She answered in three paragraphs and the court sustained demurrers to the second and third paragraphs. These rulings are properly assigned as errors in this court.

The theory of the second paragraph is that appellee, by his statements, acts and conduct, is, and ought to be,…