Newman v. Newman

R. E. Newman and others brought an action against George Theron Newman and others for equitable partition by sale of described land, and for accounting. It was alleged that the parties derived their title as heirs of their father, W. L. Newman.

This appeal is from the grant of the plaintiffs’ motion to strike the second defense in the answer of W. A. Newman, and from the denial of his motion to dismiss the plaintiffs’ complaint. Certificate for immediate review was signed by the trial judge.

In this second defense W. A. Newman alleged that he held a security deed, dated March 28, 1947, from W.…