Wood v. Richardson

Citations

• 35 Cal. 149

Syllabus

<p>Issues Raised by Answer.—If the plaintiff sues to recover damages for flowing sand and sediment upon land averred in the complaint to he his, and the answer denies that plaintiff owns the land, and that defendant wrongf ully flowed tho sand and sediment upon the land, without denying that he caused the same to flow upon the land, it does not admit that defendant caused such material to flow upon the plaintiff’s land.</p> <p>Idem.—In such case the plaintiff's ownership of the land is put in issue.</p>