South Park Commissioners v. Gavin

delivered-the opinion of the Court:

This was an action of ejectment, by Maria E. Gavin, against Thomas Cross and the South Park Commissioners. Declaration in usual form. The South Park Commissioners pleaded the general issue, and by leave filed the following additional ,plea: That to “so much and such part of the declaration,

etc., as alleges that at the time of the commencement of this suit said premises were actually occupied by said defendant South Park Commissioners, the said defendant, etc., comes and says that said plaintiff ought not to have or maintain her aforesaid action against this…