Martin v. Martin

Suit by appellant against the appellees to foreclose a mortgage executed by them upon the land of the defendant Louis, his wife having no interest therein except as *208wife. Answer in general denial, and a separate answer, by way of cross complaint, by the defendant Elizabeth. To this the appellant demurred, on the ground that the same “does not state facts sufficient to prevent said plaintiff from foreclosing said mortgage for the full amount of the debt due therein.”

No such cause for demurrer is known to the statute, or should be recognized in practice. The exception to the overruling thereof…