118 Ky. 293 | Ky. Ct. App. | 1904
Opinion of the court by
Affirming.
The petition and cross petition seeking to collect debts owing by appellants to appellees, secured by mortgages, failed to set out the condition of the mortgages or their breach. The only issue made was whether the consideration had partly failed as to one debt and as to certain payments upon the other. On these issues the circuit court adjudged the case in favor of appellees, the suing creditors. The judgment also decreed an enforcement of the mortgage liens and sale of the mortgaged property to satisfy them. This appeal presents the sole question whether the judgment of sale was proper under the state of pleading.
Undoubtedly, good pleading requires the conditions of the mortgage to be set out in the petition, as well as that the breach of the condition be alleged. The fact that the mort
Judgment affirmed.