Smith v. Smith

(After stating the foregoing facts.) Was the caveat subject to the demurrer interposed? Counsel for the applicant state in their brief that the court erred in overruling the demurrer on all of its grounds, because the allegations of paragraphs 5 to 13, inclusive, of the caveat allege facts and raise issues not relevant or admissible in a case such as this, originating in the court of ordinary, which possesses no equity powers; and because the allegations in paragraphs 14 to 16, inclusive, are merely conclusions of the pleader, and set forth no facts upon which such conclusions are based.…