Miller v. Wohlford

Berkshire, J. —

The appellant, administrator, with the will annexed, of the widow, filed his complaint to recover her share of the crops growing on certain real estate at the time of her death.

To this complaint appellees each demurred for want of facts. Their demurrer was sustained by the court, and appellant refusing to plead over, judgment was rendered against him for costs. To this ruling of the court appellant excepted and prayed an appeal.

The only question for the consideration of this court involves the sufficiency of appellant's complaint. The complaint is in words and figures following: