Gibson v. Johnson

The opinion of the court was delivered by

Burch, J.:

This proceeding in error arises from a suit to quiet title brought under the provisions of section 594 of the code of civil procedure (Gen. Stat. 1901, § 5081). The answer admitted the allegation of the petition that the defendant claimed an adverse interest in the land, and described such interest as one created by a mortgage given by the plaintiff to secure his unpaid note held by the defendant. Facts alleged in the petitiqn not admitted by the answer were denied, and the prayer was merely that the defendant be allowed to depart from the…