Turner v. Townes

The trial was had on amended counts C and D. Demurrers to said counts were overruled, and that action of the trial court assigned as error.

Count C was not bad for duplicity. It was substantially in Code form [section 9531, form 28]; it did not join trespass to the land and trespass in taking personal property. It is held permissible for one in the rightful possession of land to sue for trespass on that' premise, and count C was not, under that pleading, subject to duplicity by the allegation that property was wrongfully taken from the premises, if the damages sought were confined to the…