Johnson v. Moore

The appellee sought by his complaint to secure the cancellation of a note and mortgage held by the appellant.

The complaint does not file the note and mortgage as exhibits, nor set them forth, but it is not for this reason bad on demurrer. These instruments are not the foundation of the suit, and are not within the rule requiring written instruments to be made part of the complaint. Ho recovery is sought on the note or mortgage; but, on the contrary, the •object of the suit is to secure their-legal destruction.

*92The complaint alleges that the appellant received from the appellee, as collateral…