87 P. 771 | Or. | 1906
delivered the opinion.
Several objections are made to the regularity and validity of the decree appealed from, such as that the complaint does not state .facts sufficient to constitute a cause of suit, the decree is not supported by the evidence, and the like; but none of them are such as Mrs. Godfrey can raise unless her bill of intervention shows that she has an interest in the litigation which entitles her to be made a party thereto.
It is not entirely clear from some of the allegations of her bill
The averment in the bill that she is the owner and holder of the note and mortgage is manifestly the conclusion of the pleader from the facts stated and cannot be regarded as an averment of a fact.
Decree affirmed. Aeeirmed.