Wilson v. Moore

Franklin, C.

Appellant, as assignee of a legatee, brought suit against appellees, as devisees, to recover a judgment for the legacy, and to have it declared a lien upon the real estate devised; and the principal question presented is as to whether the legacy was due at the time of the commencement of the suit. The complaint is in one paragraph, to which a demurrer was sustained, and upon which ruling error has been assigned. The complaint avers that the widow had not elected to take under the will, and that the devisees were in possession of the real estate, claiming to be the owners thereof;…