Sansom v. Ayer & Lord Tie Co.

Opinion of the Court by

Judge Settle

— Reversing.

This action was brought to recover damages for a trespass to realty. A special demurrer was filed to the petition by appellee upon the ground that it manifested *556a defect of parties. The demurrer was sustained by the circuit court, and appellant failing to amend, judgment was entered dismissing his petition, and he has appealed.

The only question presented by the record for our decision, is, was the action of the circuit court in sustaining the demurrer error? The petition is styled R. H. Sansom, Trustee, and neither in the caption nor body thereof…