Fabrique v. Cherokee & Pittsburg Coal & Mining Co.

The opinion of the court was delivered by

Greene, J.:

was an action to have a certain deed and contract declared to be a mortgage, to ascertain the amount due the defendant thereon, and to have the premises sold to satisfy the amount so found due in case it should not be paid within a time specified by the court. The defendant filed a general demurrer to the petition, which was overruled. On the trial it objected to the introduction of any evidence under the petition. This objection was sustained and judgment rendered for defendant for costs. Plaintiff brings error.

The petition shows the…