Benton County v. Rutherford

ENGLISH, C. J.:

Benton county sued Rutherford and wife on the covenant of siezin in a deed, defendants demurred to the complaint, the-court sustained the demurrer, and plaintiff appealed. This-court dismissed the appeal because there was no final judgment-See Benton County v. Rutherford and wife, 30 Ark., 665.

On the remanding of the cause to the Circuit Court the plaintiff declined to amend her complaint, relying on the sufficiency thereof, and judgment was rendered discharging defendants with costs, and plaintiff again appealed.

The suit was commenced 13th March, 1874, and the complaint…