M. M. Hall

STRUM, J. -- This is an action in ejectment, the praecipe for summons in which was filed on December 13th, 1916. The declaration, filed on January 1st, 1917, alleges in substance that the defendant is in possession of ""The West half of the North-west quarter of Section Two (2), Township Forty-four (44) South, Range thirty-five (35) East,"" to which said land plaintiff claims title. On February 5th, 1917, the defendant filed a plea of ""Not Guilty,"" and later filed a further plea ""that he (the defendant) is not now and never has been in possession of the West half (W 1/2) of the Northwest quarter (NW 1/4) of Section Two (2), Township Forty-four (44) South, Range Thirty-five (35) East, as in said declaration alleged."" As far as the transcript discloses, no further proceedings were had in the case