Lutz v. Blackwell Et Ux.

This is an action by the payee of a promissory note to secure judgment against the maker for the face thereof. The controversy is before us upon an appeal by the defendants from a judgment rendered upon a demurrer to the answer. The complaint averred a copy of the note, its maturity and its nonpayment; it prayed for judgment. The answer admitted the execution of the note; it alleged that its consideration was the purchase price of some real property; that its payment was secured by a mortgage upon that property secondary to a prior mortgage. It further alleged that the holder of the latter…