Sowers v. Kenworthy

Plaintiff in error was plaintiff in a suit to quiet title to some mining claims. The complaint alleged title and possession. The defendants denied plaintiff’s title and possesssion, and alleged title through a judgment of foreclosure, which judgment has been affirmed in this court, Sowers v. Johnson, 59 Colo. 258, 149 Pac. 248.

Plaintiff’s replication charged that the foreclosure was ordered in a suit in which the court was without jurisdiction of the subject matter. The ground of this charge was that the foreclosure wats not within the issues pleaded. It was alleged also that an accounting as…