Prevost v. Healy

19 F. Cas. 1311, 7 W.N.C. 263, 1879 U.S. App. LEXIS 2156

Opinion

THE COURT.

We are satisfied that the demurrer must be overruled. The only question of importance is whether the complainant’s bill avers possession, and shows a clear title. This we think is the ease. It may be that the complainant is not really in ' possession, and so, though entitled to the ownership, has begun this suit prematurely. But this the record, which alone we can look at, does not show. The bill avers possession, and this is'admitted by the demurrer.

Demurrer overruled.