Lowery v. Louisville N. R. Co.

KNIGHT, Justice.

This cause is before us on petition for writ of certiorari to review and revise the opinion and judgment rendered therein by the Court of Appeals.

The single question presented for review here is as to the correctness of the opinion and judgment of the' Court of Appeals in holding plea 3, as written, was defective, and subject to demurrer for failing to show, with sufficient certainty that Reid, the mortgagor, released the defendant (railroad company) frota liability. With reference to said plea the Court of Appeals observed: “Construing the plea most strongly against the…