Middleton v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing.

This action was brought by the Commonwealtagainst James Middleton, Rebecca Coldir-on Middleton and others to recover certain tracts of land. The defendants filed an answer and amended answer presenting several defenses. A'demurrer was sustained to each paragraph of the answer as amended, and defendants having declined to plead further, judgment was rendered in favor of the Commonwealth. Defendants appeal.

Briefly stated, the allegations of the petition are as follows: In 1903 Rebecca Ooldiron Middleton, then Rebecca Coldiron, together with her…