Downs v. Opp

Newcomb, C.

This was an action by the appellee to recover a tract of forty acres of land. A cfemurrer to the complaint was overruled, and this is assigned for error.

The argument of the appellant against the sufficiency of the complaint is thus stated: “ The complaint is ejectment by an administrator, without any averment as to the absence of heirs. It is not disputed that in the collection of notes and accounts the designation as administrator copied from the cause of action is deseriptio personae, which may be disregarded. But here he makes a part of his complaint the statement that he is…