Tinkler v. Swaynie

The assignments of error are, that the court below erred in overruling the demurrer of the appellant Tinkler to the amended complaint, and in overruling said appellant’s motion for a new trial.

The appellees sued the appellants upon a complaint, in which were averred substantially the following facts :

That on December 27th, 1866, Nancy Swaynie, the mother of the plaintiffs, was the fee simple owner of certain described real estate situate in Tippecanoe county, Indiana; that on said day, while such owner, said Nancy (her husband, the defendant Thomas Swaynie joining therein), executed a…