Badger Mining & Milling Co. v. Ellis

The opinion of the court was delivered by

Burch, J.:

In this case it is claimed the district court erred in placing the burden of proof upon the defendant and in sustaining a demurrer to his evidence.

The action was brought by a landowner to quiet title against an oil lease which it was claimed had been forfeited. Instead of being in the short statutory form *796the petition stated all the facts. The answer set up an affirmative defense, which was denied by the reply.

The trial was by the court, without a jury. The evidence introduced by' the defendant extended to every fact in controversy. It…