Blair v. Craddock

The opinion of the court was delivered by

Burch, J.:

Blair, as the holder of the patent title, recovered in ejectment against Craddock, the holder of a tax deed, who appeals.

At a certain stage of the proceedings Blair had pending an action of ejectment against Craddock, who was in possession of the land, and Craddock had *103pending an action to quiet his title against Blair. By-consent of the parties the two actions were con-consolidated. Blair took leave to file an answer “in lieu of his petition” in the ejectment case. In this answer he abandoned his claim for affirmative relief, contented…