Stevens v. Lee

Acker, Judge.

This is the second appeal in this case—the first by Mrs. E. L. Stevens, who died pending the appeal, and this, by her executors. The opinions delivered by the Commission of Appeals, and by the Supreme Court on motion for rehearing on the former appeal, have not been published, but we find them with the records. On a former trial, Mrs. Stevens interposed a plea in abatement to the cross bill of appellee, which plea was also interposed by appellants on the last trial. It appears from the opinions, as well as the record on the former appeal, that the court did not act on the plea in…