Ely v. Azoy

This is an action in ejectment wherein the plaintiff, claiming under a tax sale, seeks to recover possession of the premises described in the complaint. The plaintiff has elected to so frame his complaint as to set out in detail the facts upon which his claim of title rests. Where this method of pleading is *670adopted it is open to the defendants to test the claim by demurrer, for unless the facts alleged support the claim, a subsequent allegation of ownership or title is merely an •unwarranted conclusion of law. Masterson v. Townshend, 123 N. Y. 458. The sale under which plaintiff claims was…