McHarry v. Stewart

HAYNES, C.

The complaint is in ejectment, in the usual form, and the plaintiff’s title is evidenced by a patent from the United States. Defendant answered, denying all the allegations of the complaint except that alleging defendant’s possession, and filed a cross-complaint setting out facts upon which he claims that plaintiff should be adjudged a trustee of the legal title for his benefit, and be required to convey the same to him. Plaintiff’s demurrer to the cross-complaint was sustained, and judgment thereon, as well as upon the issues raised by defendant’s answer, which were tried by the…