Patterson

This is an action to quiet title to the premises described in the plaintiff’s complaint, which is in the usual form made use of in such actions. The defendant in his answer, after admitting that he did claim an estate and interest in the property in question adverse to the said plaintiff and denying that his said claim was without right or merit, proceeded to set up a contract in writing between himself and the plaintiff William A. Patterson and his wife Nettie Patterson, for the sale by the plaintiff and his said wife of said premises to the defendant upon the terms set forth in said agreement. The defendant also filed a cross-complaint against said plaintiff and Ms wife setting forth the same matters averred in his answer and praying for the specific performance of said contract. The plaintiff demurred to the defendant’s answer and cross-complaint upon the general ground that the affirmative matter pleaded therein did not constitute a sufficient defense or cause of cross-complaint, and also moved to strike out said affirmative matter in both the answer and cross-complaint. The trial court granted said motion and sustained the said demurrer as to both the answer and…