Carr v. Hays

In this case errors are assigned here by appellant, the defendant below, which call in question the overruling (1) of his separate demurrers to each of the first, second ,and third paragraphs of appellee’s claim or complaint, and (2) of his motion for a new trial.

These errors we will consider in the order of their statement, and decide the several questions thereby presented and discussed by appellant’s counsel in their brief of this cause.

1. In the first paragraph of his claim or complaint, appellee alleged that, in 1878, Benjamin D. Pettit died intestate,-in White county, Indiana, and that,…