Reese v. Gross

In June, 1928, plaintiff filed his action against defendants to quiet title to mining claims. The complaint is in the form usually found in such actions and, among other things, alleges “That the defendants, and each of them, claim some interest in and to said property adverse to this plaintiff.” The answer, filed in April, 1929, consisted solely of the following denial: “Deny each and every allegation as therein set forth.” This is in effect a disclaimer of any interest in the property. (Baar v. Smith, 201 Cal. 87 [255 Pac. 827].)

In October, 1931, the plaintiff moved the trial court for…