Bottorff v. Wise

This action was brought by the appellant against the appellee, after a recovery in ejectment, to recover the rents and profits of the land, for timber cut and carried away, and for waste committed on said land.

The appellee answered in three paragraphs. The first was in denial. The second and third set up affirmative matter in bar of the action. A demurrer was sustained to the second, and overruled as to the third paragraph. The overruling of the demurrer to the third paragraph is assigned for error.

The appellant replied in three paragraphs. A demurrer was sustained to the third paragraph, and…