Rust v. Rutherford

The opinion of the court was delivered by

Marshall, J.:

This is an action to set aside a deed, and to quiet title, to certain real property. Judgment was rendered for the plaintiff upon a demurrer to the defendant’s answer. The matérial parts of the petition are as follows:

“That the said plaintiff is the owner, in the fee simple, and is in the open, notorious, peaceable, and exclusive possession of the following described real estate, ■to-wit:

“'Lots one (1), two (2), and three (3), (except ■sixty (60) feet off the north end thereof), in block numbered three (3), in the City of Washington,…