Pierce v. Wilcox

The only question presented for our decision is, whether the court erred in sustaining a demurrer to the first and second paragraphs of the answer. To properly understand the questions raised, and to make our opinion intelligible, it will be necessary to set out the substance of *71the complaint. The amended complaint states that James Pierce, the appellant, on the 23d. day of September, 1858, executed a mortgage to Riley M. Wilcox, the appelleé, a copy of which was made a part of the complaint, conveying certain lands and sundry chattels therein described to secure the appellee on sundry notes…