Lane v. Sparks

This is an action for the recovery of personal property, and was instituted by the appellee against the appellants.

*279The answer first filed by the appellants contained two paragraphs, the first of which was the general denial, and the second was an affirmative answer of new matter. The court struck out the second paragraph of the answer upon appellee’s motion, and to this ruling exception was properly taken, and duly preserved by a bill of exceptions.

The paragraph of the answer under examination alleged that the property in controversy was owned by Elijah Sparks and Samuel Frazee, on the 16th…