Weaver v. Apple

This was a suit by the appellee against the appellants and.involved questions of title to real estate, alleged trespasses committed and threatened by the appellants, a claim for damages for *303such trespasses and an injunction against further trespasses and claims of ownership.

The trial court overruled the appellants’ demurrer to the complaint as originally filed and thereafter the appellee filed an amended complaint. One assignment of error is upon the court’s action in overruling the demurrer to the complaint. The practice is well established that an amended pleading takes out of the record…