Gray's Harbor Co. v. Drumm

The opinion of the court was delivered by

Reavis, J.

Appellant commenced an action to recover the possession of certain real estate in Chehalis county, deraigning title by patent from the United States to the Northern Pacific Railroad Company. The usual allegations of the wrongful possession of the defendants and the rights of the plaintiff were stated. Defendants answered, and set up an affirmative equitable defense, and claimed equitable ownership of the premises in controversy. The answer averred that defendants, about the year 1890, settled upon the premises as a homestead; that application…