Wilmington, Columbia & Augusta R. R. v. Garner

The opinion of the court was delivered by

Mr. Chief Justice Simpson.

In this case the plaintiff, respondent, brought action against the defendants, appellants, to recover possession of certain real estate, of which it alleged it was seized in fee, and the possession of which being in the defendants, they unlawfully withheld from the plaintiff. The defendants demurred on the ground that it appeared upon the face of the complaint, that said “complaint did not state facts sufficient to constitute a cause of action.” The position taken to support the demurrer was that there should have been in the…