Henderson v. Lawrence

This case is before us on original bill and demurrer. The appellees say: “The material allegations of appellant’s bill must be accepted as the true facts surrounding the controversy. ’ ’ This statement is in keeping with the general purpose of a demurrer, that is, it admits the facts in a bill to be true, but contends such facts do not constitute a cause of action. (See Gibson’s Suits in Chancery, 5th Edition, Section 308.)

The facts are that prior to the death of Frank Henderson on March 4, 1911, he owned some real property located in Shelby County, Tennessee. He left surviving him a widow…