Theater Co. v. Manning

ANDERSON, Chief Justice.

This appeal is from the decree of the circuit court, sitting in equity, sustaining the demurrer of the defendants to the bill and dismissing the same.

The bill is filed by a mortgagor, within four months and a day after foreclosure, and seeks a declaratory decree as to the rights of the complainant to redeem under the provisions of §§ 10140, 10141, of the Code.

The filing of the bill was provoked by a notice issued by the defendant Manning, dated on the day of foreclosure, and which came to the complainant, as the bill avers, on the 18th of September, 1937, three months…