Kentfield v. Hayes

Citations

• 57 Cal. 409

Syllabus

<p>Patent—Ejectment—■ Title— Evidence.—In ejectment, a patent from the State appearing to he valid on its face, and conveying land subject to disposition by the State, is conclusive evidence of title against a defendant who shows no connection with the common or paramount source of title.</p> <p>Id.—Id.—Fraud—Answer—Pleading.—In such action, an answer states no defense which admits the patent, and avers that the plaintiff had procured the certificate of location upon which said patent was based, to be issued to him by exhibiting a false affidavit to the Surveyor-General; that the defendant had made application for the same land, and the said officer had been induced to reject his application by reason of fraud and imposition of the plaintiff.</p> <p>Ejectment—Equitable Defense—Pleading.—An equitable defense in an action of ejectment should contain, in substance, the elements of a bill in equity.</p> <p>Amended Answer—Pleading.—An amended answer supersedes the original answer.</p>