Miller v. Fulton

Citations

• 47 Cal. 146

Syllabus

<p>Equitable Defense in Ejectment.—An equitable defense interposed in ejectment should contain in substance all the elements of a bill in equity.</p> <p>Idem.—In ejectment, an equitable defense that the defendant gave the plaintiff a deed of the demanded premises, absolute in form, but that the deed was intended as a mortgage to secure a debt, should be set up in the form of a cross-complaint, or separate defense, and- should contain an offer to redeem, and ask for affirmative relief by having the legal title restored'to the defendant.</p>