Walker v. Brem

Belcher, C. C.

1. The demurrer to the answer was properly overruled. The answer denied the plaintiff’s ownership or right to the possession of the land sued for “save and except as hereinafter set forth,” and then set up an equitable defense. It stated facts sufficient to constitute a defense, and as a whole was not ambiguous, uncertain, or unintelligible.

2. The findings do not meet the issues raised by the pleadings.

*600The answer alleges a mistake in drawing the deed from the plaintiff to the defendant, whereby the land here sued for was excepted from its operation, when, according to the…