Stewart v. Latimer

Bell, Chief Justice.

The court erred in not sustaining the defendants’ motions to disallow paragraph Á-1 of the amendment, in which the plaintiffs alleged they withdrew “any and all parts of said petition which asks that the following deeds be reformed,” referring to the deeds from Mrs. Stewart to Citizens Building & Loan Association and from the successor association to the defendant Latimer. The objection urged in each motion was that this part of the amendment was too vague and indefinite, as to what parts of the petition the plaintiffs intended to strike. The original petition contained…