Cupples v. Harris

PONDER, Justice.

The plaintiffs, Mary Franklin Cupples et al., claiming to be the owners of two noncontiguous tracts of land, brought a petitory action against the defendant, J. E. Harris, who was in possession of the property, seeking to be decreed the owners and to gain possession thereof. The defendant interposed exceptions of no cause and no right of action. The lower- court gave judgment sustaining the exceptions and dismissing the plaintiffs’ suit. The plaintiffs have appealed.

'From a reading of the allegations in the plaintiffs’ petition, it appears that D. C. Franklin was married three…