Chestnut v. Robinson

This is a suit by Helen C. Robinson against James Chestnut, Jr. and Helen T. Chestnut to foreclose a *88mortgage given by James Chestnut; Jr. to the complainant Mrs. Robinson. The bill prays for a deficiency decree against James Chestnut, Jr. and Mrs. Helen T. Chestnut.

The bill does not disclose the relationship between James and Helen Chestnut.

There was a demurrer to the bill, one of the grounds of which is that it “seeks a deficiency decree against a married woman. ’' It does not appear from the bill that Helen T. Chestnut is -a married woman, and a demurrer cannot allege something as a fact…