Nichols
Nichols v. Wolf
Opinion
Lead Opinion
Conrey, J.
This is a controversy over the title to a strip of land on the southerly side of a larger tract described in the complaint. The complaint alleged that on March 1, 1912, while the plaintiff was seized and in possession and entitled to the possession of the entire parcel described, the defendants, without right or title, entered upon that portion thereof constituting the premises demanded herein and ousted and ejected plaintiff therefrom and now unlawfully withhold the possession from plaintiff to her damage in the sum of one hundred and fifty dollars. By their answer defendants denied plaintiff’s alleged title, possession, and right of possession; denied that while plaintiff was seized of said land the defendants without right or title entered into possession of the demanded premises, and denied that they ousted plaintiff therefrom; denied that they unlawfully withhold possession from plaintiff, and denied that plaintiff has been damaged thereby. In other words, by their answer defendants admit that they have taken and hold possession of the strip of land, and claim that they did so lawfully and that' plaintiff is without title or right of possession.