Meeker v. Dalton

Citations

• 75 Cal. 154
• 16 P. 764
• 1888 Cal. LEXIS 495

Syllabus

<p>Pleading—Ejectment — Defense Denominated as Oross-complaint.— In an action of ejectment, the answer denied all the allegations of the complaint, alleged title and right of possession in the defendant, and then, “further answering said complaint, and by way of cross-complaint, ” alleged certain facts showing an equitable defense. Held, that the equitable defense alleged might be treated as part of the answer, and not as a cross-complaint.</p> <p>Id. — Equitable Title a Defense in Ejectment. — A person having the equitable title to land, coupled with the right of possession, may set up such title as a defense in an action of ejectment brought against him by the holder of the legal title.</p> <p>Id. —Mistake in Deed—Exclusion of Land Intended to be Conveyed —Reformation. —Where land intended to be conveyed is by mistake omitted from the description contained in the deed, the grantee acquires the equitable title thereto, and may set up the same as a defense in an action of ejectment brought against him by a subsequent purchaser of the legal title with notice of his equity, without asking for a reformation of the deed.</p>