Carter v. Greer

1. When suit for the recovery of real estate is brought in the statutory form, the plaintifi will be confined to tbe abstract of title appended to the declaration under section 3401 of the Code.

2 The abstract of tbe title relied on in this case being the will of testator, and the assent of the executor to the legacy of the land sought to be recovered, that was the sole issue on trial made by the pleadings, and on that issue, there being sufficient evidence to sustain the verdict that the executor did not assent, and the presiding Judge being satisfied with the verdict, this court is not…