Rhodes v. Maraman

Judge Trimble

delivered the opinion of the Court.*

IT is assigned for error in this case, that the declar-alion is insufficient — 1st, Because it does not allege a special demand of the property at the defendant’s usual place of'residence; and 2d)y, because there is no pro-fert made of the writing declared on.

It is well settled, that in declaring upon a contract for the delivery of property, where no time or place is Specified for the delivery, a special demand at the usual place of residence of the defendant, must be averred, Miller vs. Alcorn, 3 Bibb 267.

Id declaring upon a deed, a profert of…