Comer v. Roberts

Plaintiff brought an action of ejectment. Defendant cross-complained seeking affirmative equitable relief. The trial court first tried the request for equitable relief as provided by OES 16.460(2). The equitable relief was granted and the ejectment action was dismissed. Plaintiff appealed.

Plaintiff and defendant owned adjacent pieces of rough brush land. Both pieces had originally belonged to plaintiff. Plaintiff sold 10 acres to a third party on contract and retained 4 acres. Defendant purchased the contract from the third party, took possession, paid off the contract and secured a deed from…