State v. Tanner

Holcomb, O. J.

This is an action begun in this court in the exercise of its original jurisdiction. The petition is in the usual form in an action of ejectment. The answer consists, first, of a general denial; and second, of allegations of fact touching the source of title and ownership of the state and of the defendant respectively of and to the land in controversy, with a prayer that title thereto be quieted in the defendant and that the state be adjudged to have no right to maintain its action. A general demurrer is in*107terposed to the second defense, and the cause is thus submitted on the…