Wong Ah Sure v. Ty Fook

This is an action to quiet title to certain land, being a portion of section 19, township 12 north, range 8 east, near the town of Newcastle, and for other relief. Defendant filed an answer and cross-complaint: Denied that plaintiff was at the commencement of the action or is now the owner of the land, “except as hereinafter set forth”; denied that defendant claims an interest in the whole of said premises, but avers that he claims an interest in a certain portion hereof (describing it); denied that defendant’s claim is without right. By way of cross-complaint, alleged: That about the •-day of March, 1914, plaintiff and defendant entered into an agreement whereby ‘ ‘defendant agreed to buy and plaintiff agreed to sell the following described land and premises” (description), the consideration being $950, payable four hundred dollars May 20, 1914, and the balance within six months from said last-mentioned date; that defendant went into possession and has ever since been and now is in possession; that about June 22,1914, a store building situated on said premises was partially destroyed by fire; that immediately thereafter it was agreed by plaintiff and defendant that defendant…