Brown v. Loewenbach

The following opinion was filed January 8, 1935 :

Fritz, J.

This appeal by the defendants, from an order sustaining a demurrer to their answer, involves the sufficiency as a defense of facts alleged in answer to a complaint in an action to foreclose a mortgage on real estate. The defense is based on two distinct grounds, and such facts as are essential to a consideration of those grounds will be stated in the course of this opinion. The plaintiffs, as trustees of the Isaac Stephenson trust, are the mortgagees under a mortgage, which was executed on June 20, 1925, by Hugo Loew-enbach, who died…