Scheffermeyer v. Schaper

Bicknell, C. C.

This suit was commenced against Charles Schaper, who afterwards became insane, and the appellee, his guardian, took his place as defendant.

The question presented is, was the amended second paragraph of the complaint sufficient?

*71Its averments were, substantially, that the plaintiff, in May, 1866, owned a lot worth $9,000, which he and his wife had mortgaged to said Charles Schaper for $2,034, payable in March, 1867; that said lot, under an execution Issued on a judgment against the plaintiff, was bought in by said Charles Schaper for $960; that plaintiff, being a German, and…