Pope v. Skinkle

The opinion of the court was delivered by

Dixon, J.

The declaration demurred to is in trover, and

avers that the plaintiff was possessed of a building described as a “three-story frame flat-roof dwelling-house, twenty-five feet front by forty feet deep,” that the same was personal property, that he lost it out of his possession, and it came to the possession of the defendant, &c.

The objection raised on demurrer is that the structure in question was real estate.

If the above-recited allegations of the plaintiff are well pleaded, the demurrant of course must fail, since he in that ease admits the…