Fesler v. Simpson

This was a petition by the appellant, against the appellees, for an order for the sale of certain land to pay debts of the deceased.

' The petition alleges that the deceased was the owner of one-third of the land described. »

The defendants, who are the children and only heirs of Walter Simpson, answered by general denial, and a special paragraph, in which they alleged title in themselves to the whole of the land, not derived by descent from their father. Demurrer by plaintiff to the special paragraph^ for want of sufficient facts, overruled, and exception. Trial by the court, finding and…