Davie v. Atkinson Ex Rel. Estate of Atkinson

Gardner, Judge:

Appellants brought this action for recovery of land, accounting for rents and damages. Respondents answered but did not plead a statute of limitation; respondents then moved for judgment on the pleadings, 1 which was granted by the trial judge. The appealed order held the appellants’ causes of action were barred by the statutes of limitation. We reverse and remand.

The appealed order is fatally erroneous because the reason for entry of judgment for respondents is based upon appellants’ causes of action being barred by the statutes of limitation; this defense was not pleaded by…