Brinkmeyer v. Browneller

Action by the appellees, against the appellant, to procure a cancellation of certain mortgages. Answer by the appellant, to which a demurrer for want of sufficient facts was sustained, and exceptions. Judgment for plaintiffs. Error is assigned upon the ruling on the demurrer.

The material facts, on which the question here involved rests, relate to only one of the mortgages, and are, so far as stated in the complaint, as follows:

On December 29th, 1868, Emanuel Grayville, Frederick Browneller and Anton Ilelbling, who then owned the property as partners, executed a mortgage on certain real and…