¶1Mr. Chief Justice Murray concurred.
¶2This was an action to foreclose a mortgage on real property.
¶3The first point made by appellant is, that the Court erred in overruling the demurrer to the complaint, because it contained no sufficient description of the land. The complaint refers to the mortgage (a copy of which is attached) which contains a sufficient description of the premises for the purposes of the suit. The action was not for the recovery of lands, and, therefore, not governed by the fifty-eighth section of our Practice Act. •
¶4The second point, that the Court erred in ordering a reference, without the consent of defendant, is equally without foundation. The defendant having failed to answer within the time allowed by the Court in overruling the demurrer, a default was entered, and the Court, in strict conformity with the one hundred and fiftieth section of the Practice Act, ordered a reference for the purpose of ascertaining the amount due the plaintiff by defendant.
¶5The third point was decided by this Court in the case of Guy v. Franklin, delivered at the October Term, 1855. The fourth point is not sustained by the record.
¶6Upon the whole, we are satisfied that this must be treated as a delay case. Judgment affirmed with ten per cent damages and costs.