Bailey v. Rinker

This was a suit seeking to set aside an executor’s sale and to obtain partition between the heirs and legatees of Lewis Bailey of certain lands situate in Morgan county, Indiana, wThich are particularly described and of which said Lewis died seized.

The circuit court sustained a demurrer to the complaint by each of three of the defendants for want of sufficient facts, and the plaintiffs, refusing to plead over or amend and standing upon their complaint, the court adjudged that they take nothing* by their complaint.

The correctness of the ruling on such demurrers is the only question presented…