Prewitt v. Jenkins

1 Blackf. 294, 1824 Ind. LEXIS 1

Opinion

IF a bill in chancery for a specific performance of a contract to convey land, do not aver that the complainant has not a complete remedy at law, the defect can only be taken advantage of by demurrer (1).

So, an objection to the bill, that the party has an adequate remedy at Jaw, should be taken by a demurrer. It cannot be made, after an answer, at the hearing. Underhill v. Van Cortlandt, 2 Johns. Ch. R. 339, 369.