Quinn v. Smith

Citations

• 49 Cal. 163

Syllabus

<p>Pleading Counter Claim.—A counter claim must contain all the substantive averments necessary in a complaint based upon the same cause of action set out in the counter claim.</p> <p>Counter Claim.—In an action to recover money claimed to be due, the defendant cannot set off, by way of counter claim, the value of the use and occupation of premises cclaimed by him which the defendant entered upon and holds under a third person, and in hostility to the defendant’s alleged title.</p> <p>Fraud in Sale or Property.—The bonafidesot the sale of property made by a debtor cannot be inquired into, in an action brought by one who holds under the purchaser to recover money from one who claims the property under a sheriff’s sale made under a judgment in favor of a creditor of the seller, recovered after the sale took place.</p>