Kennard v. Binney

This action was instituted to foreclose a mortgage executed by the defendants, George A. Binney and Jennie I. Binney, his wife. These defendants interposed a demurrer to the complaint -which was overruled and upon their failure to answer judgment by default was rendered against them. The transcript on appeal contains no copy of defendants’ demurrer, but it is conceded by each party to the action that it was a general demurrer. The complaint contained the following allegation: “That on the 22d day of March, 1912, this plaintiff and her husband, E. 0. Kennard, by grant deed for a consideration…