Heller v. Hawley

Suit was brought in the court of common pleas by Hawley to recover possession from Heller of certain real estate in the possession of Heller. The petition was in the usual form of a petition in ejectment, ■setting up that Hawley was the owner, and that Heller was in possession and unlawfully kept him out of such possession.

Heller answered, setting up three defenses:

First. She denied the ownership and right of possession of Hawley. She admitted that sh^ was in possession and averred that she was the -owner of the premises in fee simple.

Second. She averred that under a claim of title and by…