Lively v. Thompson

1. In an amendment to their answer the defendants allege: “These defendants own and are in possession of the lands in dispute in the case, said lands being described as follows: [here the description].” The plaintiff’s demurrer to such amendment was overruled and she excepted. The plaintiff “insists that this was an effort on the part of the defendants to set up an affirmative defense and title to the lands in dispute, which if done, the description of the lands so relied on should be sufficient in law to sustain a cause of action based thereon. It is believed that an examination of this…