Hewitt v. THOMAS

This appeal presents the question of the sufficiency of the complaint in an ejectment action. No demurrer was filed, but on trial defendants objected to the introduction of any evidence on the ground that the complaint failed to allege that plaintiff or his predecessors in title had possession within ten years. * The trial court sustained the objection and entered judgment dismissing the complaint, from which plaintiff appeals.

The statutes provide for the content of a complaint in ejectment, † and this complaint followed the statutes.

It alleged:

“I

4 4 The plaintiff now is and at all times…