Scott v. Rutherford

Conley Byrd, Justice.

Appellant, C. H. Scott, appeals from an order of the trial court sustaining the demurrer of appellee, Loma Beatrice Rutherford, to a complaint in ejectment.

The complaint as amended, together with the attached documents, alleges that appellant, through J. H. Mize, holds an undivided 1/5 interest in the lands involved. The allegation regarding the deed from appellee to J. H. Mize is as follows:

“That defendant has admitted execution of said deed to plaintiff’s predecessor in title; defendant has admitted acknowledgment of said deed conveying the lands described in the…