Cohn v. Kelly

—This was an action to quiet title. Defendant answered, denying the title of plaintiff to the property in controversy, and then, “for a further and separate answer and defense to said cause of action set out in plaintiff’s complaint,” alleged fraud in the procurement of plaintiff’s deed. At the conclusion of the evidence offered hy plaintiff upon the trial, defendant moved for a nonsuit, urging, as he here urges, that his separate defense was in reality a cross-complaint; that plaintiff’s failure to answer it as a cross-complaint was equivalent to his admission that the matters set up were…