1. The statute provides that it shall be sufficient for the plaintiff to aver in his declaration that on some day, therein to be specified and which shall be after his title or right accrued, he, the plaintiff, was possessed of the premises in question, and being so possessed the defendant afterwards, on some day to be stated, entered into such premises and that the defendant unlawfully withholds from the plaintiff the possession thereof to his damage in any nominal sum the plaintiff shall think proper to state.48

2. It is also provided by statute that the plaintiff shall attach to his declaration, and the defendant to his plea, if he claims title, a statement of the title relied upon, showing from and through whom such title was obtained.49

In view of the fact that under the decisions the vendee is estopped to deny the vendor's title, it is doubtful if the requirements of the statute with reference to attaching a statement of the title relied upon is necessary. It would seem to be sufficient for the plaintiff to attach to his declaration a copy of the land contract under which the vendee obtained possession of the property.50

43. Haviland v. Chase, 116 Mich. 216.

44. Powers v. Scholtens, 70 Mich. 299.

45. Hendricks v. Rasson, 42 Mich. 104.

46. Dawson v. Peter, 119 Mich. 181.

47. Perkins v. Nugent, 45 Mich. 146.

48. Compiled Laws (1915), Sec. 13174.

49. Compiled Laws (1915), Sec. 13184.

50. See Sec. 155, Post.