Wood v. Jordan

Citations

• 125 Cal. 263
• 57 P. 998
• 1899 Cal. LEXIS 842

Syllabus

<p>Action to Quiet Title—Answer Seeking to Quiet Defendant’s Title—Affirmative Relief—Dismissal by Plaintiff.—In an -action to quiet title, an answer setting up the defendant’s title and praying for a decree establishing it, and enjoining plaintiff from asserting any interest in the land, or interfering with defendant’s possession thereof, does not claim such affirmative relief under subdivision 1 of section 581 of the Code of Civil Procedure, as to preclude a judgment of dismissal of the action at the instance of the plaintiff.</p>