Holland v. . Whittington

The demurrers to the second cause of action alleged in the complaint were sustained by the court below upon two grounds: (1) That facts sufficient to constitute a cause of action on account of fraud were not alleged, and (2) that there was a misjoinder of parties and causes of action. The plaintiffs assign error in the ruling of the court, and bring the question here for review. This requires an examination of the allegations of the amended complaint challenged by the demurrers.

The plaintiffs are'W. P. Holland and wife, Annie Holland, and Martha Holland. In the first cause of action they…