Williams v. Rush

The plaintiff, in this action to quiet title, claims that the judgment should be reversed because ,(1) the affirmative defense of the answer fails to state facts which would enable the court to decide whether it would be equitable to enforce the contract pleaded, (2) two essential findings are. contrary to the evidence, (3) the court failed to find on a material issue of title and (4) the judgment does not adjudicate the respective interests of the parties.

The complaint, in the usual form, alleges appellant’s ownership and possession of described residential property and respondent’s claim of an adverse interest therein, without right. The answer, with amendments thereto, denies such ownership and possession, admits such adverse interest and denies it is without right. Respondent’s stipulation, during the trial, that appellant was the owner and in possession of the property, and the theory upon which the case ivas tried, eliminated from consideration such denial of ownership. The case was tried upon the issue as to whether under the facts, pleaded in an affirmative defense, respondent had any interest in the property. This affirmative defense, inartificially, alleges that on…