Davenport v. Murray

This suit was instituted in the circuit court of Lafayette county to - enforce a vendor’s lien. On a trial of the cause plaintiff obtained judgment, from which defendants, after motions in arrest and for new trial had been overruled, have appealed to this court. The errors assigned are that the court erred,in overruling defendants’ motion to require plaintiff' to elect on which cause of action she would proceed; in overruling demurrer to' the petition; in sustaining plaintiff’s motion to strike out part of answer, and in admitting illegal evidence.

The petition alleges that plaintiff' was the…