Caryl v. Fenner

Opinion by

Mr. Justice Simpson,

This is an action of ejectment. Defendants objected to plaintiff’s combined statement and abstract of title as insufficient. The court below sustained the objection, because the pleading, though averring that the titles of the litigants came from the same grantor, did not show that plaintiff’s was “the earlier title.” She was not required to show this by her pleading, but only to set forth a prima facie title in herself: Dunn v. Milanovich, 302 Pa. 184. She submitted, however, to the court’s order, which was: “The affidavit in the nature of a demurrer is…