Hill, J.
1. Tlie petition sets out a cause of action at law for the recovery of the premises in dispute. This being so, the judge erred in sustaining the general demurrer to the petition.
2. Even if the petition was not sufficiently verified to authorize the judge to grant the equitable relief prayed, this would not be a reason for dismissing the case on demurrer.
Landlord and Tenant, 36 C. J. p. 611, n. 72, 78 New.
Pleading, 31 Cyc. p. 285, n. 32.
Judgment reversed.
All the Justices concur.
The defendant demurred on the grounds that the petition did not set up a cause of action, or any reason why plaintiff was entitled to equitable relief; that the remedy at law was adequate and complete; and that the verification of the petition was not positive, and it was not specified which of the facts alleged were within the plaintiff’s knowledge and which were derived from the knowledge of others. The demurrer was sustained, and the plaintiff excepted. L. E. Moore and J. D. Shannon, for plaintiff.
E.F. Griffin Jr. and E. L. Stephens, for defendant.