McMakin v. Schenck

In this case the appellants, the defendants below, have assigned as errors the decisions of the circuit court in sustaining demurrers to the second and third paragraphs of their answer.

The complaint of the appellee, Schenck, contained two paragraphs. The first paragraph was a complaint in the ordinary form, to recover the possession of certain real estate,, particularly described, in Switzerland county; and the second paragraph was a complaint to quiet the appellee’s title to the same real estate as against the- appellants. The answer of the appellants was in three paragraphs, of which the…