Leggatt v. Stewart

Wade, O. J.

This is an action to quiet title. The plaintiffs allege in their complaint that they are the owners of and in the actual possession of the mining ground therein described. Nearly six months after the filing of the complaint the defendants filed their answer, and deny that said plaintiffs, or any of them, are the owners of or in the actual possession of the premises described in the plaintiffs’ complaint, or any part or portion thereof.

This denial is insufficient for the reason that it does not deny that the plaintiffs were in the actual possession of the premises at the date of the…