Noonan v. Bigler

Rússell, O. J.

1. The judge did not en- in overruling the demurrers to the petition.(a) The petition was amendable by amplification of.the original statements as to possession, and as to tender. The amendment adding an abstract of title was not objectionable.

(&) Under the provisions of the uniform-procedure act (Civil Code of 1910, § 5400), the superior court can enforce both equitable and legal rights; and a prayer that an outstanding deed, alleged to be void and to have been fraudulently obtained, be canceled as a cloud upon the title of petitioner, who was seeking to recover the premises…