Campbell v. Allen

Wagner. Judge,

delivered the opinion of the court.

This was an action brought under the provisions of the statute (Wagn. Stat., 1022, § 53), to compel defendant to institute a suit for certain real estate, which, it was alleged, he set up some claim to. An order having been made by the court, and summons issued and served, the defendant appeared and stated in his answer that he did claim the property adversely to the plaintiff, and there was a denial that plaintiff was, or ever had' been in the possession of the premises.

*582The cause was submitted to the court without'the intervention of a jury,…