Smith v. Matthews

McFarland, J.—I dissent.

I do not think that the complaint avers that - plaintiffs have been in possession of the land in contest since the execution of the deed,, On the contrary, I think there is a marked attempt to avoid making such an averment. And that being so, it follows clearly that the alleged cause of action- was barred long before the suit was commenced. I think that the judgment should be affirmed.