Bates v. Alliston

The opinion of the court was delivered by

Robb, J.:

This is an appeal from the trial court’s order overruling defendant’s general demurrer to plaintiff’s petition.

While the demurrer included an additional provision requesting that judgment be entered, it was not presented to the trial court or mentioned in the notice of appeal, and we shall therefore consider it abandoned.

The petition in pertinent part stated that plaintiff owned and occupied the southeast quarter of section 14, township 28, range 14 east of the 6th P. M. in Wilson county, and defendant owned and occupied the west half of the…