Keller v. Souther
North Dakota Supreme Court
Appeal from District Court, Morton County, W. G. Grawford, Spe. cial J. Erom an order sustaining a demurrer 'to the complaint, plaintiff appeals. On demurrer to a replication plaintiff may take advantage of any defects in tbe plea. Townsend v. Jemison, 7 How. 706, 12 L. ed. 880. A bad reply to a bad answer will be held good on demurrer. State ex rel. Metsker v. Mills, 82 Ind. 126; Ashley v. Foreman, 85 Ind. 55; Peden v. Cavins, 134 Ind. 494, 39 Am.
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Appeal from District Court, Morton County, W. G. Grawford, Spe. cial J. Erom an order sustaining a demurrer 'to the complaint, plaintiff appeals. On demurrer to a replication plaintiff may take advantage of any defects in tbe plea. Townsend v. Jemison, 7 How. 706, 12 L. ed. 880. A bad reply to a bad answer will be held good on demurrer. State ex rel. Metsker v. Mills, 82 Ind. 126; Ashley v. Foreman, 85 Ind. 55; Peden v. Cavins, 134 Ind. 494, 39 Am. St. Rep. 276, 34 N. E. 7; Puntenny v. Paddock, 1 Blackf. 415; Wile v. Matberson, 2 G. Greene, 184; Murdock v. Winter, 1 Harr. & G. 471. The…
1Opinion of the CourtPise, J.
This is an appeal from an order sustaining a demurrer interposed to plaintiff’s reply. The action is a statutory one to determine adverse claims to real property, the complaint being in the usual form. The defendant Souther alone made answer, and he alleges therein the execution and delivery to him of a mortgage upon the premises in controversy, by one Charles E. Meech, on May 31, 1887, containing covenants against encumbrances and of general warranty, and securing the promissory note of one Tilden E. Selmes for $800 payable to such defendant, and dated May 20, 1887. Such answer alleges *360that…
2Cases cited2 opinions
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