McAdams v. Lotton

The appellant alleges in his complaint that he is the owner in fee of the land in controversy; that the defendant wrongfully and unlawfully withholds possession, to the appellant’s damage in the sum of one hundred *2dollars. The appellee’s answer, omittting the formal parts, is in these words: “ The defendant disclaims any interest in the land of the plaintiff as described in his complaint.” To this answer the appellant unsuccessfully demurred.

The answer is a disclaimer. It does not, however, do more than disclaim a present interest, for it does not assert that at the time the action was…