Roy v. Clarke

HOBBY, Judge.

The first error assigned relates to the action of the court in overruling the exceptions to the plaintiff’s first amended and first supplemental petition. The substance of these exceptions was, that as it .appeared from the face of the petition that the last purchase money note was in the hands of Roy, the defendant, and there was no" offer to pay the same, there could be no recovery. The suit was for the recovery of the possession of the laud which appellee had purchased from Roy, and which possession Roy had contracted to deliver by the 1st of November, 1884, a date prior to…