Davis

The plaintiff, a building and loan association, brought this action to foreclose a mortgage given by defendants John W. Davis and his wife, Virginia, to secure payment of a note executed by John W. Davis in favor of plaintiff, making H. C. Brown, who had subsequently become the owner of the property, a party defendant.

Brown filed an answer and counterclaim; the Davises made default. Plaintiff demurred to the counterclaim on the ground that it did not state facts sufficient to constitute a counterclaim, and the demurrer was sustained. Upon the remaining issues the court found for plaintiff, directing the usual decree of foreclosure and sale of the mortgaged premises, and the entry of a deficiency judgment, if any, against John W. Davis.

Prom an order denying his motion for a new trial and from the judgment Brown appeals.

The counterclaim sought to be interposed was as follows: “And as and for a separate and special defense to the said action, defendant Brown, by way of counterclaim, alleges that he has acquired all the right, title, and interest of defendant John W. Davis and Virginia Davis, his wife, in and to the said mortgaged premises, and is now the owner thereof; that the…