Moffitt v. Roche

Action by John Roche against the appellants, Patrick W. Moffitt, his wife, and others, to foreclose a mortgage on real estate, and to obtain judgment on the mortgage note. Finding and judgment for the plaintiff.

*76The first error complained of is the overruling of the demurrer to the second paragraph of the complaint. Besides alleging the execution of the note and mortgage sued on, and giving copies, this paragraph shows that the mortgage was made to the plaintiff and several others named as mortgagees, to secure a note to the plaintiff for one thousand dollars, and a separate note to each of…