Kenner v. Kenner

1. Where, in. a dispossessory-warrant proceeding, the defendants in their counter-affidavit allege, in the terms of the statute (Code § 61-303), that the property is not the property of the plaintiff and the defendants are not holding the premises without authority of the owner, and that the relationship of landlord and tenant does not exist between the plaintiff and the defendants, or either of them, and that they do not hold the premises from the plaintiff or from anyone under whom he claims, such allegations are not subject to be stricken on special demurrer as raising the issue of title.…