Wolfe

The court below sustained the demurrers of the defendants without leave to1 amend the complaint, and thereupon entered judgment dismissing the action, with costs to the defendants. From this judgment the appeal is taken. *265 Appellant’s counsel states the object of the action as follows: “This action was commenced for the cancellation of an alleged promissory note in the principal sum of six thousand dollars, and mortgages to secure the same upon certain real estate described in the complaint, and for an injunction against an action pending for the foreclosure of the note and mortgage at the commencement of the action; also to restrain the enforcement of certain deficiency judgments docketed in favor of respondents and against appellant in a prior action of foreclosure of the premises pending at the time of the making of the note and mortgage for six thousand dollars, to wit, October 1, 1891, and commenced by the Mutual Savings Fund and Building Association against this appellant and others, and to enjoin all further proceedings upon the sheriff’s deed in the last-named action; for a reconveyance of the premises, and general equitable relief.”

The complaint alleges that on or…