Western Mortgage & Investment Co. v. Jackman

GAINES, Associate Justice.

—A demurrer to the petition in this case was sustained upon the ground that the court did not have jurisdiction of the cause of action. Whether that ruling be correct or not is the sole question presented upon this appeal.

In 1885 S. D. Jackman executed a promissory note payable to the appellant, the plaintiff in the court below, and in order to secure its payment at the same time executed a mortgage upon a tract of land which is described in the petition. He subsequently died and appellee W. T. Jackman was appointed and qualified as administrator of his estate.…