Andola v. Picott

Citations

• 5 Idaho 27
• 46 P. 928
• 1896 Ida. LEXIS 41

Syllabus

<p>Ejectment — Prauds—Tender of Consideration Paid — -Withdrawai. of Tender. — In. an action of ejectment, where the defense is the fraudulent procurement of the conveyance, and defendant seeks by -way of affirmative relief to have the conveyance annulled and makes tender of the consideration paid, and on acceptance of such offer by plaintiff, withdraws the tender, it is not error for the trial court, on motion of plaintiff, to strike from the answer of defendant so nmoh thereof as sets up an equitable defense. Testimony in this ease considered and held not to sustain defense set up in answer.</p> <p>(Syllabus by the court.)</p>