Clark v. Grey

We review here orders of the chancellor sustaining demurrers to the original and amended bills of complaint brought to foreclose a mortgage. The order sustaining the demurrer to the original bill of complaint becomes immaterial when we observe that the matters in controversy may be adjudicated on consideration of the order overruling the demurrer to the amended bill of complaint.

The original note and mortgage was for $5,750.00, with interest, payable ninety days after date. The pleadings show that $750.00 of the principal was in excess of the amount loaned and secured by the mortgage. The…