State Ex Rel. Horvath v. Rider

By the Court.

Only two defenses challenged by the demurrer need be considered in deciding the present cause.

The fifth defense contains allegations that at the time the relator filed the petition in this court there was and still is pending in the Court of Common Pleas of Logan County an action against the relator and the respondents, in which action the plaintiffs allege they are in possession of the premises; that relator filed a cross-petition in that action alleging he is owner of a leasehold estate in the premises and entitled to the possession thereof; and that prior to the filing of this…