Chester v. Field

Citations

• 87 Cal. 422
• 25 P. 493
• 1891 Cal. LEXIS 994

Syllabus

<p>Ejectment — Quieting Title—-Judgment on Pleadings. — When a complaint contains the usual allegations in ejectment, and all that are necessary to quiet title, and prays that defendants be required to set forth their claims, and that they be adjudged invalid, that plaintiff be restored to possession, and defendants be debarred from asserting any claim to the land, and for other and further relief, and the answer denies plaintiff’s alleged right of possession, a motion for judgment on the pleadings is not proper, though the denial may be subject to a special demurrer; and the court could not, in view of the allegations and prayer of the complaint, give judgment without evidence, even if no answer had been filed.</p>