Day v. Allen

Plaintiff brought this petitory action against the defendant, praying to be decreed the owner and placed in possession of lot 3 of section 6, township 2, south of range 5 east, containing 38.60 acres of land.' He avers that the defendant is in the actual, physical possession of the property described, without title thereto, and refuses to deliver possession to him without any good or legal excuse.

*4The defense puts the title at issue, defendant alleging that he has title to the property through his mother- who had acquired it in a partition between Demarcus Davenport Day and his children, after…