Bentley v. Phillips

(After stating the foregoing facts.)

Does the petition set forth a cause of action which, if proved, *872would entitle the plaintiff to a recovery ? The demurrer was based upon the grounds that the petition does not allege that the plaintiff has title to the land described therein, and that the abstract of title attached to the petition shows a want of legal title in the plaintiff to the premises; that, while the petition alleges that whatever rights the plaintiff has in the property involved were acquired subject to the rights of the defendant under his purchase of the same from Heaton, it does…