Miners' & Merchants' Bank v. Brice

Citations

• 5 Alaska 418

Syllabus

<p>Forcible Entry and Detainer <&wkey;6(2), 9(1)—Justices op the Peace ©=>36(7)—Equity—Mortgages.</p> <p>Plaintiff 'brought forcible entry and detainer against the defendant, who answered, denying that plaintiff ever had been in possession of the premises; that, owning and in possession thereof at all times, he had given a deed thereto to the plaintiff as security for a debt. The lower court rendered judgment against the defendant, who appealed. On motion to dismiss the suit, made by the defendant, held, as plaintiff has never been in possession of this property, has never been evicted therefrom, and as defendant claims the equitable title, and has introduced evidence sufficient at least to show the court that it is not a purely sham defense, the court is bound to conclude the title to the property is in dispute, that the justice court had no jurisdiction, and that this court can do no more than to do what the justice of the peace ought to have done, to wit, dismiss the action, when it appeared that the title was involved.</p> <p>rg—rtRpA same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>