Willard v. Albertson

Comstock, J. —

The questions discussed in this appeal are passed upon in Lewis v. Albertson, ante, 147, with the exception of .the action of the court in sustaining demurrers to the second, fifth, seventh, and eleventh paragraphs of .answer. This specification of error is in the following Ian*165guage: “Third. That the court erred in sustaining plaintiffs’ demurrers to the second, fifth, seventh, and eleventh paragraphs of defendants’Willard & Willard’s answer.”

Appellants claim that the second paragraph of answer sets up matters, which if true, show the original resolution of necessity was void,…