De Espinosa v. Gregory
California Supreme Court
Appeal from tbe District Court of tbe Third District, Monterey County. Tbe facts are stated in tbe opinion. First.- — It is averred in the answer tbat tbe whole tract contains six thousand four hundred'add fifteen and ninety-six one hundredths acres, and it is denied that plaintiff had in possession more than one thousand acres; and yet the Court, in a bill in equity to quiet title, decrees in favor of the plaintiff for the whole quantity and without hearing testimony.
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Appeal from tbe District Court of tbe Third District, Monterey County. Tbe facts are stated in tbe opinion. First.- — It is averred in the answer tbat tbe whole tract contains six thousand four hundred'add fifteen and ninety-six one hundredths acres, and it is denied that plaintiff had in possession more than one thousand acres; and yet the Court, in a bill in equity to quiet title, decrees in favor of the plaintiff for the whole quantity and without hearing testimony. This was clearly error. (Rico v. Spence, 21 Oal. 504; Lyle v. Rollins, 25 Id. 437; Ferris v. Irving, 28 Id.-645; Reed v.…
1Opinion of the CourtTemple, J.
Judgment was entered in the District Court for the plaintiff on the pleadings. The action is to quiet title, and the complaint, which is verified, is in the usual form. Exception *62is taken to the form of the denial in the answer. It commences by stating that the defendant, for answer, says he denies, etc. It is claimed that this is not a denial, but only an assertion on the part of the defendant that he denies. We do not understand that the Court based its decision on this ground. Decisions sustaining this view are found among the earlier cases of New York under the code, and are often quoted…
2Cited by16 opinions
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