Vinson v. Cannon

Duckworth, Chief Justice.

Needless to say the fictitious forms of pleading in ejectment are still the law in this State, with the defendant admitting the lease and entry of the plaintiff and his ouster by the defendant from the lands involved. Code § 33-111; Code (Ann. Supp.) § 24-3344. But the fictitiousness of the pleadings does not presume to go further and to set up a fictitious issue for the settlement of more purported claims of the adversaries. The purpose of the action is to eject the defendant from possession of the land involved. Consequently, the averments of the plaintiff must…