Small v. Howland

This was a suit by the appellants to recover certain described lands, &c.

There were three paragraphs in the complaint, to-wit—

1. In the usual form prescribed by statute for the recovery of lands.

2. Based upon a title-bond given by John Smock to his daughter Leah Small, and alleging that since its execution Smock had died, and that neither he nor his heirs had executed a deed in pursuance of said bond; that Leah Small was also dead, and plaintiffs were her heirs and children, &c.

3. Setting forth the facts averred in the second paragraph, and alleging further that, in consequence of the…