Butler v. Vassault

Crookett, J.,

delivered tbe opinion of tbe Court; Temple, J., Wallace, J., and Bhodes, C. J., concurring:

Tbe appeal in tbis case is from an order sustaining a demurrer to tbe complaint. There were two grounds of de*75murrer assigned: first, a defect of parties plaintiff; and second, that tbe complaint does not state facts sufficient to constitute a cause of action. Tbe action is in the nature of a bill of review, and for a new trial in a former action brought by tbe defendant, Yassault, against one Austin and bis wife, to recover tbe possession of certain real estate. During tbe pendency of that…