Watson v. Glover

Citations

• 21 Wash. 677
• 59 P. 516
• 1899 Wash. LEXIS 350

Syllabus

<p>EIGHTS AND EEMEDIES--MISNAMING FORM OF ACTION-SUFFICIENCY OF COMPLAINT.</p> <p>Under the code system of pleading, where á complaint states facts sufficient to entitle plaintiff to relief, it is not demurrable because it does not state facts sufficient under, the name he has given his action, through a misconception of the nature of his remedial right.</p> <p>QUIETING TITLE — CONFLICTING CLAIMS TO REAL PROPERTY — SUFFICIENCY OF COMPLAINT.</p> <p>A complaint states a cause of action, under Bal. Code, § 5521, which provides that any person in possession of real property may maintain a civil action against any person claiming an interest adverse to him, for the purpose of determining such claim, estate or interest, when the complaint alleges that plaintiff is in possession of the realty described as a trustee of certain defendants, for the use and benefit of their creditors; that such defendants claim they are entitled to the premises, never having been divested of their title and interest in any way; and that the deed of trust given by them for the benefit of creditors did not convey the premises in controversy.</p>