Halterman v. Burgess

Fox, Judge:

This is a certified case from the Circuit Court of Grant County. The question certified is whether the amended bill filed in the cause presents a cause of action not germane to that stated in the original bill, and which should be asserted in a new suit. The demurrer to said amended bill, raising this question, was overruled by the trial court.

The original bill avers that on August 16, 1938, the plaintiff, Opie Halterman, was the owner of one hundred eighty-five acres of land, located in Union District of Grant County, and that he and his wife, Annie Halter-man, made and executed a…