Finch's Ex'r v. Hopewell

Opinion op the Court by

Morris, Commissioner—

Reversing.

The question for consideration is whether or not the court correctly sustained a demurrer to and dismissed petition filed by appellants. The demurrer admitted the truth of its allegations which in substance showed the following facts:

In 1928 the trustees of the “Clark Methodist Church,” in Winchester, executed to J. B. Kennedy a mortgage on the church building, lot, and parsonage to secure a debt of $7,550. In 1931, Kennedy was threatening foreclosure; Finch, and others at the special instance and request of the trustees, executed a note…