McShirley v. Birt

Downey, C. J

This action was by the appellees against the appellants, McShirley, Jacob FI. Trick and his wife, James Scott, Eli Shockley, John C. Shoemaker, and David S. Caylor, and there was judgment for the plaintiffs. The first question to be considered is as to the sufficiency of the complaint, to which a demurrer was filed by the defendants and bverruled by the court, an exception having been taken, and the ruling assigned as error in this court. The facts alleged in the complaint are, in substance, the following: That on the 6th day of April, 1855, Greenup S. Pitman was the owner of the…