Heizer v. Kelly

Best, C.

— This action was brought by the appellant against the appellee, Catharine and Solomon B. Davinish, Mark Losey, Harry H. Eckles and Mattie B. Spence, on the 23d‘ day of November, 1876, to foreclose a mortgage.

At the May term, 1877, the court sustained the demurrer-of the appellee to appellant’s complaint, and at the September term, 1877, the appellant filed an amended complaint, but it is not in the record, and the clerk says it is “not on file.” The appellee filed an answer to the amended complaint, in four paragraphs, all of which were subsequently withdrawn, except the third. To…