Heavenridge v. Nelson

"Worden, J.

Action by the appellee, against appellants, for the partition of certain lands. Judgment for the plaintiff.

The following are the errors assigned: ■

611st. ’ The court erred, in overruling demurrer of defendants below to the complaint.

*91“ 2d. The court erred, in sustaining demurrer of plaintiff below to answer of defendants.

“ 8d. The court erred, in rendering judgment as upon default without evidence, the general denial having been filed.”

¥e proceed to consider the errors assigned, in their order.

The objection to the complaint, as we understand froth the brief of counsel for the…