Cruse

The plaintiff began this action to obtain a judgment setting aside and declaring void the sale of a certain note and mortgage, and to obtain damages. To this complaint the demurrer of the defendants was sustained, with leave to the plaintiff to amend. The plaintiff having, in writing, declined to amend, judgment was entered in favor of the demurring defendants. From this judgment the plaintiff appeals.

The record shows that the plaintiff Edward P. Cruse and the defendant Cora Cruse were husband and wife. That on or about the third day of July, 1915, the defendant Cora Cruse commenced a separate maintenance action against the plaintiff in this action, to obtain a judgment requiring the plaintiff to pay a certain sum for the support and maintenance of the defendant Cora Cruse, the plaintiff in the action referred to, and the minor children of the plaintiff and defendant in said action. During the course of the action referred to, which was numbered in the trial court as follows, to wit: “B-26529”—an order was made requiring the defendant in that action, the plaintiff in this, to pay to the plaintiff in that action, the defendant in this, the sum of $3.75 per week. That thereafter,…