Gilbert v. Sleeper

Belcher, C. C.

This is an action to recover possession of 17.67 acres of land. The defendant answered, and by way of cross-complaint set up an equitable defense. The plaintiff demurred, and then answered to the cross-complaint. After trial, judgment waá entered in favor of the defendant, from which, and from an order denying a new trial, plaintiff appealed.

The demurrer to the cross-complaint was properly overruled. If the facts were as alleged, the plaintiff held the legal title to the land in controversy in trust for the defendant, and he was entitled to the relief demanded.

It appears from…