The plea does not set up any want of title in the plaintiff to the improvement in question: on the contrary, it alleges that he was legally entitled to it and in possession of it, by way of showing him to be without excuse for not passing over the possession of it, of which failure the defendant complains, because he has not received this part of the thing he purchased, and for which he executed the note sued on as well as another note!

Wheat v. Dotson, 7 Ark. 699 (Arkansas, Jan. 1, 1852)

Times reported as typo: 0