Carskaddon v. Pine

Appellee, Pine, sued appellants, Carskaddon and wife, to foreclose a mortgage on real estate, and to recover a personal judgment against Carskaddon on the promissory notes secured thereby. The cause was tried by the court, a special finding of facts made, and conclusions of law stated thereon against appellants, and over a motion for a new trial a judgment on said note and decree foreclosing said mortgage was rendered.

The errors assigned and not waived are: (1) The complaint does not state facts sufficient to constitute a cause of action; (2) the court erred in overruling the motion for a new…