Sugarman v. Olsen

Plaintiffs secured a judgment of ejectment. The defendant had alleged in his answer that if plaintiffs were successful the defendant should be awarded the value of improvements that defendant had made to the land from which plaintiffs sought to eject him. The defendant was awarded $3,000 for such claim. The only issue on this appeal by plaintiffs is whether defendant was entitled to a judgment in any amount. ①

Plaintiffs’ principal contention is that in an action for ejectment in which plaintiffs did not seek damages for the withholding of the property the defendant cannot in either law or…