Pennington v. Van

I dissent. This- action was commenced by respondents,- the -plaintiffs herein, for the purpose of quieting title to certain- real estate-in Ziebach county, this state, to which the appellant answered by affirmative defense and counterclaim; to this a reply was made. The appellant sought, to--recover a certain-sum of moñey paid on an executory contract for the sale of this real estate, and asked that he be adjudged to- have a valid, interest or *281equity in such real estate and a lien thereon for the sum so paid on said contract; also that the respondents be denied any relief except upon…