137 P. 380 | Mont. | 1913
delivered the opinion of the court.
Suit by appellant to quiet title to the south half of the southwest quarter of section 25, township 12 north, range 16 west, Missoula county, Montana. The complaint alleges that plaintiff is the owner of the land; that defendant, without right, claims some estate or interest therein; and that sueh claim casts a cloud upon the title of plaintiff. The prayer is that the defendant be required to set forth the nature of his claim; that the same may be adjudged null and void; that the defendant be enjoined from asserting sueh claim; and that plaintiff have its costs and such other relief as may be meet and equitable. The defendant’s answer, after admitting that he claims some title, right and interest in the land and denying the other allegations of the complaint, contains the following “further and separate answer and defense”: “This defendant avers that ever since the 20th day of March, 1901, this defendant has been and yet is in the actual, open, peaceable, uninterrupted, exclusive, undis
The contentions of appellant are: (1) That the so-called “further and separate answer and defense” does not contain any matter requiring a reply; (2) that it is ineffective to support the judgment as rendered; and (3) that it is ineffective to support any judgment at all.
1. As a matter of pleading, the allegations of defendant’s
3. The contention that the answer is insufficient to sustain any judgment is based upon the assumption that judicial notice must be taken that the lands in question were unsurveyed and therefore not subject to adverse possession within the period of ten years next preceding the commencement of this action. As we view the case, determination of this question and others involved in it is unnecessary. The defendant alleged that he
The decree of the district court is not vulnerable to any of the objections urged by the appellant. Accordingly it is affirmed.
Affirmed.
Rehearing denied December 29, 1913.