Burns v. Austin

Appellant’s first contention is that the bill as amended was subject to the objection point-' ed out by the 20th ground of demurrer, “for that the date of the death of Bethany Knox ■is not alleged with sufficient certainty.” The averment in this respect is that “Bethany Knox died intestate prior to the filing of the original bill.”

Taking the averments of the amended bill as true, which must be done on demurrer, default has been made in the payment of the entire indebtedness secured by the mortgage, and, under the stipulations, in*, the mortgage accelerating the right of foreclosure, the…