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No. l2. Fitzgerald v. Beebe, Appeal from ihe Pulaski Circuit Court

 Jnaee Oldham delivered the opinion of the eour,. reversing the judgment of the Circuit Const.

 In the summary proceeding given by the statute to the purchase ef real estate, ar an Improvement on public lands, to obla,n pos session, the defendant ia the execution, or other person in possession, Is not bonal Io plead specially. butihe claimant shonld pgnye the facts wkieh enli.le him to the possesslon wiihou, any formal plea deaynig them, But f the party file written pleas he must be hela 10 the sificiness Of special pleading

 plea aiieagiag ss,hai the sale 8as made wHitout authority of law,' held, had.

 A plea, bY lessee in ros4ession, denying that his lesso, or landlord s-had any title. property. or estate, whsleves, in the real es- tate,s held, bad.

 An amended ples being Sled. in the place os 6 g:srnser plea, ip which siemarrer ha.i been sustained, operates ss aa abandonment of that plea, and the questions raised upoa Hhy lhe demurrer

 \ plea- alssslaing that third pesson. and not the defendant in the exeeut os,, arc the own CTS of the land, and siiat lhe Pessoa in rs,s- session IS their tenant and iessee, offers an inlnaieriai issue. and is had The right ol tho claimant tn the or ser of the court to pai issm in possession, depends upon the fact whe- thef the Pcrsoa in possession is the defcn-