Colcott v. Sutherland

This is an appeal from a judgment for plaintiff in an ejectment action.

The complaint alleged that plaintiff was entitled to the possession of a certain 28-acre tract, and that defendant had entered and was unlawfully holding a part thereof, described as “about two acres in the southeast corner of that portion of the above described tract which lies north of the drain ditch, which runs through said tract in an easterly and westerly direction, and close to the public highway leading by said premises to Rincon.”

Defendant filed an answer and cross-complaint. By his first answer, he admitted…