Hester v. Keen

1. The overruling of a demurrer to the petition is reviewable by exceptions either direct or pendente lite, and not by motion for a new trial.

2. In an action of complaint for land the defendant may confine the plaintiff’s proof of title, as a basis of recovery, to that alleged in the abstract attached to the petition. But where no objection is made to the reception of evidence tending to show that the defendant occupied the premises as tenant of the plaintiff, it is not error to instruct the jury that the defendant can not dispute the plaintiff’s title until after surrendering possession.

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