Over v. Shannon

The complaint of the appellants, who were the plaintiffs below, was for the recovery of the possession of real estate. The appellee answered in three paragraphs, to the second and third of which the appellants unsuccessfully demurred. Error is alleged upon the overruling of these demurrers.

It is true that the defendant in an action for the recovery of real estate may give in evidence all defences under the general denial, but it is also true that he may plead specially should he elect to do so. Where he does plead specially, and his answers are bad, it is error to overrule a demurrer to them.…