Northwestern Loan & Investment Ass'n v. McPherson

Dissenting Opinions.

Henley, J. —

Section.5299 Horner 1897, does not authorize several lien holders to join in an action to foreclose. The question is raised by the demurrer for want of facts. Jones, Treas., v. Rushville Nat. Bank, 138 Ind. 87. It is not contended that there is any community of interest between appellees such- as would authorize them jointly to prosecute this action. The error in overruling the demurrer to the complaint was such a palpable violation of the law of pleading and practice as established by the decisions of the Supreme Court in this State that the cause for this…