Cox v. Roberts

—It is assigned as error that 'the lower court erred in overruling the demurrer to the complaint.

The complaint is in one paragraph, and is as follows: “Plaintiff complains of defendant and says that one Margaret Roberts, in her lifetime, was the owner of the following described real estate, in Whitley county, Indiana, to wit: the southwest quarter of the northeast quarter of section eighteen, in township thirty-one north, range nine east; that said real estate was encumbered by a mortgage to Christian D. Waidlich, executed by the said Margaret Roberts; that said Margaret Roberts died testate,…