Burnham

Action to foreclose a mortgage. Defendants, other than Georgia C. Burnham and James D. Boyer, made default; the two latter demurred to the complaint, their demurrer was overruled, and, upon failure to answer, judgment was entered against all the defendants foreclosing the mortgage. From the judgment the two named defendants appeal upon the judgment-roll, the only questions made being as to the sufficiency of the complaint.

1. The contention that the complaint does not state a cause of action, for want of a sufficient averment of presentation of the mortgage claim to the estate of Joel S. Josselyn, deceased, is ill-founded. The particular objection is that the complaint does not allege in terms, either that the claim contained a description of the mortgage, with a reference to the date, volume, and page of its record, or that it was accompanied with a copy thereof. The averment was that the plaintiff did, within the proper time, “ present to said executrix its claim against the estate of Joel S. Josselyn, deceased, for the amount due and to become due on the said note and mortgage, and that the said claim was duly verified in all respects according to law, and was duly allowed and…