Leekley v. Short

This appeal involves only issues between the plaintiff-appellant, Eleanor H. Leekley, and the defendant-appellee Ella B. Ward. A demurrer or a motion to dismiss plaintiff’s petition was sustained. The plaintiff refusing to plead over and electing to stand on her petition, final judgment was entered, dismissing the petition with costs. From such judgment this appeal is prosecuted.

Division 1 of the plaintiff’s petition is in the ordinary form of a suit in foreclosure, and alleges that, on the 5th day of June, 1931, the defendants I. E. and Erma Short executed and delivered to Ella B. Ward a…