Clary v. Hayes

Opinion op the Court by

Judge Harris

Affirming.

This is an appeal from an order of the Jefferson Circuit Court, Common Pleas Branch, Second Division, sustaining Alice Hayes’ demurrer to, and dismissing, the plaintiff’s thrice amended petition.'

The original petition named only Alice Hayes, Mary E. Pascale and J. Sudask as defendants. So far as pertinent to our inquiry its allegations are these:

“The plaintiff, Mary A. Clary, says the defendants Alice Hayes and Mary E. Pascale, are now and were at all of the times mentioned herein, the owners and in possession of the real estate herein mentioned,…