Steele v. Fish

By the Gov/rt

C. E. Flandrau, J.

This action was commenced under Sec. 1. of Chap. 74, of the Revised Statutes, page 388, which is as follows: Sec. 1. “ An action may be brought by any person in possession, by himself or his tenant, of real property, against any person who claims an estate or interest therein adverse to him, for the purpose of determining such, adverse claim, estate, or interest.”

Sec. 2. “ If the Defendant in such action disclaim in his answer, any interest or estate in the property, or suffer judgment to be taken against him without answer, the Plaintiff cannot recover costs.”

Th…