Wall v. Magnes

Since one of the questions presented for determination is decisive of this appeal, it alone will be considered.

The action was instituted by appellant Wall under section 255 of the Civil Code, to quiet his title to certain premises in the town of Highlands. His complaint averred, first, possession of the premises in dispute; second, ownership in fee thereof and the assertion by defendant of an adverse estate or interest therein ; and third, that the alleged adverse interest of defendant was entirely devoid of legal foundation or right. To this complaint, an answer was filed which first *477traverse…