Newman

— The plaintiff in his complaint merely alleges that he is owner in fee “ and in possession ” of certain described land; and that defendant, without any right whatever, claims an interest or estate in said land adverse to plaintiff. The complaint, as to the real issues between the parties, is quite childlike and bland, and does not contain any intimation that defendant was in the actual possession of the land, and that what plaintiff mainly wanted was to put defendant out. The prayer does not suggest that plaintiff would like to have a writ of restitution. But the answer denies all the allegations of the complaint, and sets up that defendant has been in possession of the land for more than fifteen years; and the court finds that he had been thus in possession for at least four years before the commencement of the action. Judgment was rendered for plaintiff, which, among other things, decrees that “plaintiff do have a writ of possession of said premises as against the defendant and all persons claiming under him.” From the judgment, and from an order denying a new trial, defendant appeals.

Before the commencement of the trial, defendant duly demanded a trial by jury; “ but the…