Bethell v. McCool

The appellant sued the appellees, alleging 'in his complaint, that he was the owner in fee simple and -entitled to the possession of the undivided one-third of certain real estate particularly described in the complaint; that the defendants were each entitled to the undivided one-third of the same ; that the defendants had possession of the part belonging to the plaintiff, without right, denying the plaintiff’s title thereto, and for six years past had unlawfully kept the plaintiff out of possesson thereof.

The defendants demurred to the complaint, on the ground that it did not state facts…