Spencer v. Lewis

The opinion of the Court was delivered by

Todd, J.

Plaintiffs, as the legal representativos of W. B. Slewart, sue to recover tlie lands described in the petition, and to have declared simulated a conveyance of these lands from Stewart to Isaac A. Caldwell, and to avoid the testamentary devises of the lands by Caldwell to his wife and by her to one J. C. Hunter, whose succession is one of the defendants represented by an administrator.

There was judgment in favor of the plaintiffs and defendant appealed.

The defenses urged to the action, besides the general issue, are : ' 1st. An exception of no…