Bradbury

This appeal is from a judgment rendered against the plaintiff upon demurrer to the complaint.

The complaint, after alleging the appointment of the plaintiff as administrator of Daniel Keniston, deceased, and describing the property involved in the controversy herein, alleged in substance as follows: That on January 1, 1891, Keniston executed a mortgage to the defendant Davenport upon certain of the real estate described in the complaint to secure the sum of four thousand dollars, with interest at ten and one-half per cent per annum, *597 payable in two years from, said last-mentioned date, which mortgage was duly recorded; and defendant Davenport claimed that there w-as due thereon of principal and interest to March 1, 1895, the sum of three thousand nine hundred and thirty-three dollars and eighty-seven .-cents.

The remainder of the complaint (except paragraph 4, which need not be noticed) is as follows: “That on or about said first day of March, 1895, the said Daniel Keniston, being then sick in body and embarrassed financially, and being persuaded thereto by the representations of said defendant Davenport, was induced to sign, and did sign, a certain agreement with said…