Avery v. Smith

Smith and others commenced a suit beffore two justices of the peace against Avery and others. The complaint filed is as follows: For that whereas the plaintiffs are the owners of a certain tract of land, situate, &c., which they hold as heirs at law of James F. Smith, deceased, nevertheless, they say that the defendants are in possession of the premises, holding only as tenants at sufferance under the plaintiffs; and though often requested to quit, and deliver *223up the possession to the plaintiffs, they have refused to do so. Plea, not guilty. Verdict for the plaintiffs, and judgment on the…