Holder v. Home Mortgage Co.

Pee Oue-iaM.

This is an action brought by plaintiffs against defendants to enjoin defendants from foreclosing a certain deed of trust on a house and lot of plaintiffs’ in the town of Murphy, N. C. A restraining order was granted and on the hearing the defendants demurred ore lenus to the complaint and amended complaint on. the ground that it failed to state facts sufficient to constitute a cause of action. The court below sustained the demurrer and in this we think there was error. If defendants wanted the complaint made more definite or a bill of particulars, they should, on motion to the…