Newman v. Duane

Citations

• 89 Cal. 597
• 27 P. 66
• 1891 Cal. LEXIS 861

Syllabus

<p>Quieting Title — Recovery op Real Property—Legal Issues—Jury Trial. — In an action for the recovery of real property, the defendant is entitled to a trial by jury, under section 592 of the Code of Civil Procedure; and conceding that a plaintiff out of possession may bring an action in equity, under section 738 of the Code, of Civil Procedure, to determine an adverse claim against a defendant in possession, yet where the object of the action is to recover possession, and the defendant denies the allegations of the complaint and sets up a title by adverse possession, he cannot be deprived of a jury trial of the issues raised by the answer.</p>