Notman v. Green

— This is an action upon a promissory note, and to foreclose a mortgage upon real estate given to secure the same. Defendant filed a general demurrer, which was overruled, whereupon he failed to answer, and judgment was finally rendered against him, and the realty sold under execution. He appeals from the judgment, and insists that the complaint is fatally defective in this, that there is no allegation of non-payment of the note.

The only allegation in the complaint referring to this matter is as follows: “ That all the interest on the said principal sum mentioned in said promissory note and…