Brady v. Husby

By the Court,

Biselow, J.

(after stating the facts as above):

In .view of the state of the pleadings in this case it is unnec essary to pass upon the question of cotenancy, argued by counsel. If the plaintiff’s location of the Eagle Pass mine was valid, he became the owner of the legal title to the whole claim. If the defendant is the equitable owner of one-half of that location, and for that reason entitled to retain possession thereof, this would constitute an equitable defense to the action to that extent, but he should haye set up in his answer the facts showing that such is the case. Not-…