Wright v. Roseman

Candler, Justice.

(After stating the foregoing facts.) The court properly overruled the general demurrer to the amended petition. In a suit to enjoin the eviction of the plaintiff under a dispossessory warrant, where the petition, as here, not only shows that the plaintiff is not a tenant as claimed in the dis possessory warrant, but alleges facts from which it appears that the plaintiff, as against the defendant, is the equitable owner of the premises involved, and contains prayers appropriate to the protection of such interest by a court of equity, the petition is not subject to demurrer on.…