Semans v. Harvey

The appellee sued the appellant for money had and received and for work and labor performed.

The defendant pleaded several paragraphs of answer, to the fourth of which a demurrer was sustained. There having been judgment for the plaintiff, the defendant appealed to this court, and has here assigned as error the ruling of the circuit court in sustaining the demurrer to the fourth paragraph of the answer.

The paragraph in question contains the following facts: that on the 19th day of May, 1870, the defendant purchased at sheriff’s sale, on a decree of foreclosure, certain real estate in Plamilton…