Weston v. Whitaker

This action was brought by the defendant in error against the plaintiff in error for the recovery of possession of a portion of the west 14 feet of lot 2, block 38, Stillwell, which was occupied by a building belonging to the plaintiff in error. The parties will be referred to as plaintiff and defendant, as they appeared in the trial court.

The defendant filed a motion to require the plaintiff to make his petition more definite and certain by attaching thereto the evidence of his title. This motion was overruled, and the defendant assigns the action of the trial court as error. Section 467,…