Fanfesti v. Englehardt

The defendant’s demurrer attacks the legal sufficiency of the plaintiff’s pleading entitled “By Way of Special Reply.” Therein, the plaintiff alleges the execution and delivery of deeds conveying and reconveying to and from the Church of Nazar ene and the plaintiff certain land incorrectly described in the original conveyance to the church. The demurrer is based on the ground that the corrective deeds do not constitute a defense to or an avoidance of his special defense that the plaintiff is estopped to claim the land described in the complaint because of her admission in the original deed to…