Porter v. Wood

The opinion of the court was delivered by

Benson, J.:

In an action to foreclose a mortgage it was alleged in the petition that the defendant, Edna S. Wood, claimed to own an interest in the mortgaged premises, the nature of which was unknown to the plaintiff, but which was inferior to his rights. The appellant demurred to the petition and the demurrer was overruled. Error is assigned upon this ruling. The mortgagors made default.

*298The mortgage contained conditions whereby the mortgagors agreed substantially as follows: first, to pay a promissory note which was described; second, to pay taxes when…