Newman v. Newton

Ejectment in the District Court of Lake county to recover the Jessie Clark lode; thence removed into this Court. Answer filed in this Court May 12, 1880, denying plaintiffs’ title to the Jessie Clark lode, and setting up title in the defendants to the same ground, as the Virginius lode. Under Sec. 250 of the Code of Civil Procedure, the claim of a defendant in ejectment to the premises in controversy, under a location differing from that from which plaintiff derives title, is regarded as new matter, requiring a replication. After providing that a defendant may deny the allegations of the…