Garvey v. Willis

Citations

• 50 Cal. 619

Syllabus

<p>Denial in Answeb.—If the complaint alleges that the plaintiff has been in the adverse possession of land for four years, and the answer, which is filed one month after the filing of the complaint, denies such adverse possession for a longer time than four months previous to the filing of the same, it is equivalent to a denial that the plaintiff has been in possession for a period exceeding three months prior to the filing of the complaint.</p> <p>Answeb which Raises an Issue.—If, in an action to quiet title to real estate, the plaintiff, in his complaint, alleges that he is the owner of, and in possession of the property, and sets out a copy of the deed under which he claims, an answer which denies that he is the owner of, or in possession of the property, except as a tenant in common with the defendant, and alleges that the deed was not intended as a conveyance, but merely to enable the grantee to sell the property, and that the grantor subsequently conveyed to the defendant three-fifths undivided of the premises, contains a defense, and the plaintiff is not entitled to judgment on the pleadings.</p>