Hazlett v. Sinclair

This was an action by the appellee against the appellant, for the recovery of money expended in repairing a partition fence. The only error assigned is, that the court erred in sustaining a demurrer to the answer of the appellant.

The material allegations of the answer are, in substance, these: On the 16th day of December, 1858, one Simon Eisby was the owner of the lands now owned by the appellant and appellee ; that, on that day, he conveyed to Richard M. Hazlett the land now owned by the appellant, and which adjoins that of appellee ; that the deed conveying said land *490contained the following…