Smith v. Beard

— This ivas a suit by the appellee John Beard, against his co-appellees, Joseph Speigle and others, for the partition of certain real estate, particularly described, in Johnson county. After the commencement of the action,' upon the application of the appellant, Maria Smith, she was .admitted as a defendant in the suit, and she filed what was -called an answer, but was, in fact, a counter-claim or cross -complaint, against the appellee Beard, the plaintiff below, -demanding affirmative relief therein.

The appellee Beard demurred to the appellant’s cross complaint, for the want of sufficient…