De Stefano v. D'Allesandro

Joseph L. Smith, C. C. J.

This is a motion to strike the complaint on the ground that it is sham. The suit is an action in ejectment. The plaintiff alleges that her right to possession of the premises in question accrued on the 7th day of February, 1933. The complaint is in the statutory form.

The affidavit of the plaintiff sets forth that she is the mortgagee in a purchase-money mortgage made by the defendant. *176and that the said mortgage contained a covenant whereby the plaintiff may enter and take possession of the premises upon default in the performance in the conditions contained therein.

The…