Yeldell v. Moore

I cannot agree with the views of the majority. In upholding the trial court’s judgment sustaining defendant’s demurrer to plaintiff’s petition, it seems to me that this Court has not only misconstrued the facts alleged in said petition and misapplied the law applicable thereto, but in effect has anticipated and prejudged plaintiff’s evidence before it has been introduced.

As I read plaintiff’s petition, J. P. Moore and his wife, Louella had not only “acknowledged” that' the latter owned an undivided interest in the subject real estate as her separate property (as stated in the majority…