Lindsay v. Lindsay

This was a complaint for partition filed by the appellants against the appellees. A demurrer v/as filed to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, which was sustained. The appellants excepted, refused to amend, and final judgment wras rendered against them.

The error assigned is in sustaining the demurrer to the complaint.

The facts, as they appear in the complaint, are, that Elijah Lindsay died, in 1870, seized of several tracts of land situate in this State, amounting in the aggregate to between six and seven hundred acres, and…