McLellan v. Omodt

This was an action to recover possession of real property, and damages for withholding it. The answer attempted to set up a claim for improvements under what is known as the “Occupying Claimants’ Act,” being Gen. St. 1878, c. 75, § 15. Upon demurrer to the answer, the court below doubted whether defendants *158made out a case under this section, but thought they had alleged enough to bring themselves under the provisions of section 13 of the same chapter, which provides that when permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title…