Melloh v. Demott

— The action in this case was commenced before a justice of the peace, who, upon the filing of a sworn an*503.swer, which was deemed to put in issue the title to real estate, ■certified the case to the superior court, which, at special term, ■on motion of the plaintiff, remanded the case to the justice of the peace. The defendant appealed from the judgment and ■order of the special term to the court in general term, and ■from the judgment in general term, affirming the judgment at the special term, has appealed to this court.

The substance of the complaint is, that in April, 1879, the plaintiff,…