Ross v. Boswell

Suit by Parnham Boswell, against- John Ross, to recover for the use and occupation of land.

Ross answered:

1. In general denial;

2. Items of set-off;

3. By way of counter-claim; and, ■

*2364. That the plaintiff is not the real party in interest, and is without right to bring this suit, because, by deed duly executed, he assigned the cause of action in this •case to John E. Boswell, Charles P. Boswell, Arthur C. Boswell, Hiram A. Boswell and Duncan McA. Williams, for the benefit of creditors, and that they still held the same at the commencement of this suit.

A copy of the deed was not made a part of,…