Armstrong v. Fearnaw

The object of this action was to set aside a sheriff’s sale of, and to quiet the title to, a tract of land. Harrison Fearnaw was the plaintiff, and James E. Armstrong the defendant, below.

The complaint was in two paragraphs, each describing the same transaction somewhat differently, but, in their legal import substantially the same.

The defendant demurred to each paragraph of the complaint, but his demurrer was overruled as to both paragraphs.

Issue being joined, the court heard the evidence and made a finding of the facts out of which the controversy between the parties had arisen. Upon the…