Brown v. Haley

Citations

• 56 Wash. 218
• 105 P. 478
• 1909 Wash. LEXIS 878

Syllabus

<p>Ejectment — Defenses-—Necessity of Pleadins — Issues and Proof — General Denial. Although the plaintiff in ejectment fails to deraign his title, the defendant cannot, under a general denial, introduce affirmative evidence to show title in himself by adverse possession, under Bal. Code, § 5509, providing that the defendant shall not be allowed to give in evidence an estate in himself or right to the possession unless the same is pleaded in his answer.</p> <p>Appeal — Review—Amendments to Conform to Proof. Where testimony outside the issues is admitted against objection, in an action at law tried by the court, the supreme court will not consider amendments made to conform to the proof.</p>