Swan v. Clark

Bicknell, C. C.

— The appellees brought this suit against the appellant, upon a written lease for five years of a quarter section of land, claiming that the appellant had not fulfilled his covenants, one of which was to "plant an osage orange hedge fence around the whole tract sufficient to turn cattle, horses, mules and asses.” The first two paragraphs of the amended complaint stated the written contract; the other two stated occupation by consent of appellees under a parol contract. Demurrers to each of the paragraphs for insufficiency of facts, etc., were overruled.

The appellant in his…