WALKER v. Ellis

These two actions, involving the same questions, upon petition, were authorized to be ■•consolidated and briefed as one appeal. The singular word, appellant, in the opinion will refer to both appellants and both actions.

This appeal comes up on an assignment of error that the court erred in sustaining appellee’s demurrer to appellant’s third amended complaint, hereinafter referred to as the complaint. Appellant refused to plead further after the sustaining of said demurrer and judgment against appellant followed.

Said complaint charges that the appellee, as the owner of certain premises and a…