Bowne v. Ide

Defendants’ appeal assigns as error the overruling of their claim that the present action is not maintainable under § 5113 of the General Statutes. Their claim is that the only appropriate remedy to redress the grievance which constitutes the plaintiffs’ real cause of action—an unlawful entry and occupation of land—was an action of ejectment or trespass. Defendants’ answer to the complaint, without raising this point, was a waiver of their right to contest it. But had they duly made the point it must have been overruled. The action under the statute is one to determine conflicting claims as…