Coster v. Schneider

This is an action to foreclose a mortgage. Schneider filed a petition of intervention, alleging that he had purchased the mortgaged premises at a sale under a decree of foreclosure of a subsequent mortgage, and that plaintiff’s mortgage was barred by the Statute of Limitations. The plaintiff demurred to the petition, so far as it set up the Statute of Limitations, on the ground that the same did not state facts sufficient to constitute a defense to the action. The Court below sustained the demurrer, and rendered judgment in favor of the plaintiff for the amount of the debt, foreclosing the…