Indianapolis & Vincennes Railroad v. McCaffery

— The only question presented on this record is whether the complaint states facts sufficient to constitute a cause of action. The complaint was not tested by demurrer in the court below, but its sufficiency is first questioned on this appeal. The complaint, omitting formal parts, is as follows: “That theretofore, on the 7th day of February, 1861, one Lawrence McCaffery was the owner in fee simple, and lawfully in possession, of the following real estate in Knox County, Indiana, to wit: The south-east half of lot number four hundred and ninety in the city of Vincennes.. The said McCaffery so…