McArthur v. Ryals

The substance of the petition is set out in the foregoing statement of facts. The defendant demurred to the petition, on the grounds that the plaintiffs were not entitled to the relief sought; that the claim is out of date; that the plaintiffs are seeking indirectly to do what they can not do directly; that if they have a claim it is for specific performance, and the facts alleged are stale, and the law will not maintain their claim in an *417action of specific performance, for the reason that something like forty years has elapsed; and an attempt to recover by way of ejectment and accounting can…