Byrd v. Goodman

Grice, Justice.

There are two assignments of error. One excepts to the overruling of a general demurrer to the petition. The suit was a complaint for land. It contains an allegation that petitioner is the owner of and claims title to a described tract of land, and elsewhere an allegation that “petitioner shows that he has a good and perfect title to said lands,” of which it is alleged that the defendants are in possession. The fifth paragraph of the petition was as follows: “Petitioner claims title to all that portion of said Southern right of way now in possession of said T. L. Byrd and…