Day v. Frazer

This is an appeal from a judgment of the superior court of Apache county dismissing an action. The sole question for our consideration is whether or not the court erred in sustaining a demurrer to the complaint on the ground the latter showed affirmatively there was another action pending involving the same parties and issues. This requires a consideration of the complaint. It reads, so far as material to this appeal, as follows:

“II.

“That on or about the 1st day of April, 1935, and continuously for more than twenty years prior thereto, plaintiff was and had been in the lawful possession of…