Wasem v. Ellens

This is an appeal from an order dismissing the plaintiff’s complaint. The question presented is whether the complaint states a cause of action. The facts alleged are substantially as follows:

Plaintiff is the administratrix of the estate of William H. Wasem, her deceased husband. In the action she seeks to procure an' injunction against the enforcement of a judgment obtained by defendants against Mr. Wasem. The judgment which it is sought to enjoin was one for a deficiency resulting from a mortgage foreclosure and based upon the theory that Mr. Wasem although not the mortgagor had assumed the…