Visher
Johnson v. Visher
Opinion
Lead Opinion
Vancliee, J.
— Action of ejectment, the complaint alleging that plaintiff is owner of the demanded premises, that defendant wrongfully ousted her from and took possession thereof, “ and now retains possession of the same from plaintiff, to plaintiff’s damage in the sum of five hundred dollars,” and “ that the rental value of said real estate is the sum of fifteen hundred dollars, or thereabouts, per annum,” and prays judgment for the possession, and “ for the sum of two thousand dollars damage.”
The answer of the defendant denies plaintiff’s title, right of possession, and all damages, and denies that the value of the rents and profits exceeds two hundred dollars per annum, and for further answer, alleges that defendant has been in the peaceable and uninterrupted *312 possession of the land for more than five years next before the commencement of this action, claiming the same adversely by farming the same, etc., and that plaintiff’s alleged cause of action is barred by section 318 and by section 338 of the Code of Civil Procedure. The answer also alleges other affirmative matter as a defense to the action.
The case was tried by a jury, whose verdict was: “ We, the jury in the above-entitled…