Pennington v. Schwartz

Gaines, Associate Justice.

This was a suit by appellee ‘against the appellant to recover amount of a promissory note- and to enforce a vendor’s lien upon a tract of land for which it was alleged to have been given.

The first assignment of error is to the action of the court in overruling a general demurrer to the petition. It is here insisted that it is nowhere alleged that the note was due at the time of filing the petition. The date of the instrument is averred and that it bore interest from date, but the time of its maturity is not stated. It is, however, alleged "that said Pennington,…