Pratt v. Fountain

Jackson, Chief Justice.

The defendant in error instituted the statutory proceeding to turn out of possession of certain premises the plaintiff in error by the affidavit prescribed by the statute. The plaintiff in error defended by a counter-affidavit, which followed the statute literally, except that he used the phrase “ that he does in good faith claim a legal title to the possession of the land mentioned and described iu the affidavit” of the plaintiff, instead of using the words “ a legal right,” prescribed by the statute; whereupon the court dismissed the counter-affidavit, and error is…