Elliott v. Frakes

The appellants brought this action against the appellee, to recover the undivided one-third part of an eighty-acre tract of land in Howard county. The appellee demurred to the complaint, but, his de*413murrer being overruled, he answered in six paragraphs, the ¿rst being in general denial, and the rest setting up special matters in defence.

The appellants demurred severally to the second, third, fourth, fifth and sixth paragraphs of the answer, and their demurrer was overruled as to all of those paragraphs.

The appellee then withdrew the first paragraph of his answer, and, the appellants refusing…