Frum v. Weaver

This appeal is from an order overruling defendants’ demurrer to the complaint upon the ground that it does not state a cause of action. The first paragraph of the complaint is as follows: “That plaintiff is, and ever since the *4586th day of January, 1898, has been, the legal holder and owner of the southeast quarter of section thirty-one, in township one hundred and thirteen north, of range seventy-two west of the 5th P. M., in Hyde county, South Dakota, in fee simple, and is entitled to the immediate possession, but the defendants have been during the time since said January 6th holding and…