Blisner v. Gurtz

WOLFE, Judge.

This appeal relates to an attempt to invoke equity for the marshaling of assets. The object of the suit as stated in appellants’ brief is “to protect the rights of plaintiffs as junior lienholders, on some of the defendant Gurtz’s properties, from favoring of Horen, as senior lienholder on all the properties.” A motion to dismiss on the ground that the petition failed to state a cause of action was filed and sustained by the court. The plaintiffs appealed.

The petition which the court held inadequate to state a cause of action, not including attached exhibit, covers ten pages of…