Avery v. Akins

Action by the appellees against the appellant, to recover possession of certain real estate in the city of Indianapolis. An answer, reply, and counter-claim were filed.

The court below at general term held that a demurrer to the second paragraph of the replication to the second paragraph of answer should have been overruled; and that a demurrer to the counter-claim should have been sustained.

Without setting out these various pleadings in full, we gather from them the following facts, on which the correctness of the ruling below at general term depends :

In the year 1850 John W. Foudray died…