Hakalau Plantation Co. v. Kahuena

OPINION OF THE COURT BY

FREAR, C.J. (Galbraith, J., dissenting.)

This is a statutory action to- quiet title under Civ. L., Oh. 113. The plaintiff alleged, as is usual in such cases, (1) that it had title, (2) that the defendants claimed adversely and (3) that their claim was unfounded. The defendants answered with a general denial. The Circuit Court, holding that this answer amounted toi a disclaimer and that it put the defendants out of court, allowed the plaintiff to prove its case, and not only did not permit the defendants to prove any adverse claim, hut refused to permit them to controvert…