Locke v. Moulton

Citations

• 108 Cal. 49
• 41 P. 28
• 1895 Cal. LEXIS 820

Syllabus

<p>Ejectment—Defense—Deed Intended as Security—Jury Triad. —In an action of ejectment, affirmative allegations in tile answer, to the effect that a deed from the defendant to the plaintiff, under which the plaintiff claims title, was intended as mere security for a debt, do not constitute an equitable defense, and add nothing to the denial of plaintiff’s alleged title; but such affirmative allegations might be proved under the denial of title, without separate averment in the, answer, and might have been stricken from the answer without impairing its legal effect.</p> <p>Id.—Prayer in Answer—Basis for Affirmative Relief.—The fact that the answer prays that it be adjudged that the plaintiff is not the owner of the land, and that the instrument in writing described in the answer was and is a mortgage, is immaterial, there being no basis in the answer for any affirmative relief, and any affirmative judgment that the deed is a mortgage would add nothing in effect to the simple judgment that plaintiff take nothing by the action.</p>