Rutherford v. Johnson

Citations

• 49 S.C. 465
• 27 S.E. 470
• 1897 S.C. LEXIS 173

Syllabus

<p>1. Pleading — Foreclosure.—The complaint held to sufficiently state the facts necessary to sustain the foreclosure of a mortgage after death of mortgagor.</p> <p>2. Demurrer — Pleadings—Motion to Make Pleadings More Definite — Foreclosure—Remedy.—If in a foreclosure suit the allegations as to conditions of mortgage, intestacy of mortgagor, and distributees are not sufficiently definite, the remedy is by motion to make the complaint more definite and certain, and not demurrer.</p>