Allen v. Higgins

Citations

• 9 Wash. 446
• 37 P. 671
• 1894 Wash. LEXIS 339

Syllabus

<p>EJECTMENT — PLEADING — ACTION BY TENANT IN COMMON.</p> <p>Under § 533, Code Proc., requiring the defendant in ejectment proceedings to plead the estate or license whereby he holds possession, an answer of general denial will create no issue; and where plaintiff, in such an action, pleads and proves any legal right to the premises, he thereby establishes a prima facie case against defendant.</p> <p>A tenant in common is, as against every person but his co-tenant, entitled to every part of the common land, and may recover the possession of all such land in an action of ejectment brought against a stranger to the common title.</p>