Rodriguez v. Comstock

By the Court, Shafter, J.

This was an action of ejectment. The defendants, in their answer, denied all the allegations in the complaint, and further alleged, in effect, that the legal title to the premises demanded is in them and the plaintiffs, jointly. The answer, in addition to the claim of legal title, contains a diversity of allegations, on the ground of which the defendants claim, alternatively, that the plaintiffs hold the land in controversy in trust for them, to the extent of one undivided half thereof.

Under the view which we have taken of the case presented by the record, it is…