Shuford v. Phillips

In his brief the defendant bottoms his attack on the sufficiency of the complaint to state a cause of action on two grounds : (1) “The complaint fails to allege that plaintiff went into possession, or that he was evicted, ousted, or disturbed in his possession by one having paramount title at the time of the conveyance to plaintiff;” and (2) “Plaintiff, in his pleading, admits the deed upon which J. I. Hickman bases his title is void. It is not, therefore, paramount title.” The contentions thus advanced are untenable.

Plaintiff pleads (1) the deed of conveyance for the locus executed and…