Crane v. Waggoner

This was an action by the appellees for the partition of real estate. The wives of the appellee, Waggoner, and appellant, Crane, claimed as heirs of Noah J. Smith, deceased, and the appellant, Caleb Crane, had purchased the interests of other heirs. The appellants moved to strike out of the complaint these words: “Plaintiffs further say, that the said. Caleb Crane has had possession of all of the above real estate of which the said Noah died seized, ever since the death of the said Noah.”

The court overruled this motion. This was error. The complaint did not allege that the appellees had…