Childs v. Mitchell

*545On Motion for Rehearing.

Counsel for the plaintiff in error, in their motion for rehearing, contend that this court overlooked the fact that one ground of the demurrer sustained by the trial court was that “the deed is not testamentary in character,” and that by not deciding a question which has been directly passed on by the trial court,, this court is by implication affirming the judgment of the lower court on this ground of demurrer.

Whether or not the ground of demurrer, that the deed was not testamentary in character, stated a correct conclusion, the petition stated a cause of action for…