Haggerty v. Byrne

Bicknell, C. C.

This was a suit by the appellee John Byrne against the appellant and his wife and Thomas Parsons, upon two promissory notes, made by the appellant and *500secured by mortgages executed by the appellant and his wife. Thomas Parsons was made a defendant as a junior judgment creditor of the appellant. The complaint demanded judgment upon the notes and foreclosure of the mortgages. By the death of the appellant’s wife, the suit as to her was abated. The appellant filed a cross complaint, in two paragraphs, to each of which the appellee demurred, “for the reason that the same did not…