District Landowners Trust v. Doherty

Action at law. Defendants, plaintiffs in error, having elected to stand on their overruled general demurrer to the complaint, plaintiff, defendant in error, was given judgment in the sum of $342,561.29, and costs. Error is assigned.

Whether the court erred depends on the construction of two instruments, one, set forth in the complaint, entitled a “Certificate of Indebtedness issued by the District Landowners Trust,” in the complaint called a “promissory note,” and the other, a “Declaration of Trust, ’ ’ by the terms of the certificate made a part thereof, pleaded as an exhibit. Unless in the…