Horton v. Horton

Plaintiffs commenced an action to quiet title to certain real property, the complaint being in the usual short form under section 738 of the Code of Civil Procedure, alleging ownership and possession in plaintiffs, and that defendants, without right, claimed an adverse interest.

The amended answer of defendants admitted plaintiffs’ ownership and possession, subject to defendants’ rights of ownership and possession as established by deeds from plaintiff B. F. Horton to F. A. Horton, copies of said deeds being appended as exhibits to the answer. Said answer admitted that defendants claimed an…