Francisco v. Benepe

This was an action of claim and-delivery by a;n infant, who had been emancipated by his father, for certain property purchased with his own means while thus emancipated, and claimed by the appellant by virtue of a sale and delivery to him of such property by the infant’s father. There was a demurrer to the complaint, which was overruled. The appellant complains of this action of the court in his argument; but by answering over, and proceeding to trial upon the merits, he waived his right to be heard upon that question here. Neither is it presented in the specification of errors upon which he…