Hammond v. Rose

Rising, C.

The appellees, who were defendants below, demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained, and, the plaintiff standing on his complaint, judgment dismissing the action and for costs was entered. It is alleged in the complaint that the plaintiff is the owner in fee-simple of certain lands lying on both sides of Cheyenne creek, which lands were granted to Marcus A. Foster by patent from the United States, December 1, 18G5, and that plaintiff claims title as a remote grantee of said Foster; that…