Barry

This is an appeal by plaintiff from a judgment rendered against her after the demurrer of defendant to jilaintiff’s second amended complaint has been sustained, without leave to amend said complaint.

Appellant’s statement of the case, taken verbatim from her brief, follows: “Appellant, by her recitals in the second amended complaint, sets forth that a certain note and mortgage was executed and that a decree of foreclosure therein was properly made, and that a commissioner, appointed by the court, exacted fees and moneys not authorized by the decree of foreclosure; that by such illegal fees, the property was advertised and sold for an amount in excess of that legally due; and that in order to redeem said property, appellant would be compelled to pay the excess sums as set forth in the complaint, together with interest thereon. That by the sale for moneys not authorized by law or the order, or in the order of foreclosure and sale, this appellant was deprived of her property without due process of law, and appellant submits that the said second amended. complaint stated a cause of action.”

The purpose of the action was to have a sale under foreclosure and the certificate of sale…