Avery v. Kelley

FOSTER, Justice.

This is an appeal by plaintiff in an ejectment suit, wherein defendant disclaimed under Code of 1940, Title 7, section 942, with the suggestion that the dispute arises over a disputed boundary line. Issue was taken by plaintiff and there was a jury and verdict for defendant and a judgment establishing the true line as described in the disclaimer.

Assignment of Error No. 1.

This is based on the judgment - overruling the demurrer to defendant’s disclaimers 2 and 3, which were with suggestion as indicated. Reliance is had on ground 8 of the demurrer which takes the point that the…