Gillett v. Gillett

By the Court,

Paine, J.

We think the order of the court below in this case, sustaining the demurrer to the defendant’s answer must be reversed.

That part of the answer demurred to does not aver the facts with the greatest certainty or precision ; but it substantially sets forth the following: That the notes sued on were secured by mortgage on land in the state of Illinois, to which the deceased had the equitable title; that this title was after-wards sold on execution, and that Washburn & Hemp-stead became the purchasers, they being attorneys and holding these notes for collection, against the…