Perkins v. Perkins

We shall first consider the plaintiff’s appeal.

The plaintiff assigns as error the overruling of her demurrer ore tenus to the defendant’s first further answer and defense by way of counterclaim or cross-action.

The plaintiff is relying on two grounds for reversal of the ruling on her demurrer ore tenus.

It is conceded that the deed from Thomas P. Perkins and wife to the plaintiff is a fee simple deed on its face. It further appears from the defendant’s evidence that Thomas P. Perkins held the absolute fee simple title to the property involved in this controversy at the time he and his wife…