Jordan v. Johns

Mr. Special Justice Ed. J. Smith

delivered the opinion of the Court.

Prom a decree dismissing his amended and supplemental cross-bill on demurrer, Johns has appealed, and assigned four errors. As the action of the chancellor was based on the application of the rule of res adjudicada, it will be 'necessary to examine the original pleadings in order to ascertain whether .the holographic will of Mary Johns, wife of cross-complainant, was, or by the exercise of proper diligence on bis part could have been, set up as a muniipent of title in his answer to the original bill.

Claiming that their…