Cummings v. Pottinger

Franklin, C.

Appellants commenced this action against appellee to redeem certain lands that had been sold at sheriff’s sale. The complaint is in three paragraphs. A demurrer was sustained to each paragraph. Appellants excepted, refused to amend, and judgment was rendered in favor of appellee for costs. The ruling of the court upon the demurrers is assigned for error.

' The same question is substantially presented in each paragraph of the complaint, and appellants’ counsel have discussed but the one question, and that is, has a junior judgment creditor, who has had a prior sale of lands by the…