Alexander v. Smith

Bell, P. J.,

— The underlying ground of this motion is that whatever right the plaintiff may have cannot be redressed in this action, it being an action in ejectment brought by the plaintiff, according to the praecipe, for a certain piece of land, “the right of the use of which, and the title or possession of which, the said Agnes Alexander avers is in her and the public in general;” and in the plaintiff’s declaration it is averred that the action is brought “to recover the right to use a certain piece of land for herself and the public in general;” and further avers that the land described is…