Bough v. Innman
Bough v. Innman
Opinion of the Court
Complaint by appellee on a note for $140 given by appellant Sarah M. Bough, and to foreclose a mortgage upon certain real estate.
Appellants have not set out the complaint in their brief. The only reference to this complaint made in the statement of the record is that: “The complaint is in thé usual form to foreclose a duly recorded mortgage upon real estate in this state.”
Appellants filed separate answers in four paragraphs. The first was a general denial. In the second it is admitted that Mrs. Bough executed the note and mortgage, but it is alleged that at the time of their execution she was the wife of William Bough; that the note and mortgage were executed to'one Albert Akles in trust for her husband and not otherwise; that the assignment by Akles to her husband was without consideration other than the fulfillment of said trust, and that she received no consideration for the execution of said note and mortgage. The third paragraph alleges want of consideration, and the fourth alleges failure of consideration.
Appellee replied in two paragraphs, the first being a general denial. The second in substance alleges that at the time the note and mortgage were executed appellant Sarah and William Bough were husband and wife
Appellants’ separate demurrers for want of facts to this second paragraph of reply were overruled. There was a trial which resulted in a judgment against Mrs. Bough for the amount of the note and for a decree foreclosing the mortgage, from which appellants appeal and contend that the court erred in overruling their demurrers to the second paragraph of the reply. Appellants’ sole and only contention is that the transaction set out in the reply is in effect a conveyance from a married woman to her husband, that such a conveyance is prohibited both by statute and by public policy and is therefore void.
Appellants have wholly failed to give any information as to the averments of the complaint. No copy of the note or mortgage is set out. We are not informed
No reversible error being shown, the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.