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19 F. Cas. 1311

Prevost v. Healy

U.S. District Court

Decided April 19, 1879

U.S. District Court · decided 1879-04-19

Bill in equity, filed by Prevost v. Daniel, Healy, averring that complainant had purchased at marshal’s sale, on December 21, 1877, under a judgment obtained by him on July 7, 1877, against one Gorrell, certain real «state in Clarion county, therein described.

Decided 1879-04-19

THE COURT.

¶1We are satisfied that the demurrer must be overruled. The only question of importance is whether the complainant’s bill avers possession, and shows a clear title. This we think is the ease. It may be that the complainant is not really in ' possession, and so, though entitled to the ownership, has begun this suit prematurely. But this the record, which alone we can look at, does not show. The bill avers possession, and this is'admitted by the demurrer.

¶2Demurrer overruled.

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