Hefner v. Fulton Bag & Cotton Mills

J. O. Hefner, as administrator of the estate of B. F. Hefner, deceased, brought suit against Fulton Bag & Cotton Mills to recover damages for alleged injury to realty. The defendant demurred to the petition, upon the following, among other grounds: "1st. The same sets forth no cause of action. 2d. There is no cause of action in the plaintiff, it not being alleged that said administrator had, at the time of the injuries complained of, either title to or possession of said property.” The court sustained the second ground of the demurrer, with leave to amend within ten days. The plaintiff…