Cole

Ejectment. Defendant demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. His demurrer having been sustained, and plaintiff declining to amend, final judgment was entered dismissing the action, and for costs. Plaintiff appeals.

The complaint consists of two parts, in the first of which there is an attempt to set up a valid title in plaintiff to the demanded premises, founded on a sale for delinquent taxes. The second part of the complaint contains the general allegations usual in actions of this character.

Various objections are made to the validity of the tax title first set out; but we find it unnecessary to pass upon the sufficiency of the facts alleged to constitute a good, title.

The second part of the complaint is sufficient in itself *105 to show a cause of action, and the first part may be treated as surplusage.

It is alleged that on the twentieth day of December, 1888, plaintiff was the owner and in the possession of the demanded premises, and “that on the twenty-fourth day of December, 1889, plaintiff being so seised and possessed, the defendant wrongfully entered and ousted plaintiff from the possession…