St. Louis Smelting & Refining Co. v. Green

McCrary, Circuit Judge,

(orally.)

This is an action of ejectment, and the record shows, and the defendants by their pleadings admit, that the plaintiff claims under a patent of the United States. Some of the questions in the case have been determined heretofore upon demurrers to former answers. The questions now to be considered arise upon demurrer to the third amended answer. By this pleading, the defendants seek to attack, in this action of ejectment, the patent under which the plaintiff claims. They do so upon two grounds, sub stantially. The answer is quite voluminous, but its allegations…