Merritt v. Corey

The opinion of the court was delivered by

Fullerton, J.

This is an action of ejectment brought by the respondent against the appellants to recover pos*445session of certain real property. The respondent alleged, in substance, that she was the owner and entitled to the possession of the property, and that the same was wrongfully withheld by the appellants; following the usual form of complaint for the recovery of real property in actions of ejectment in this state. The appellants answered, denying the allegations of the complaint, and pleading as a further and separate defense that the lands in…