125 Cal. 263 | Cal. | 1899
An action was brought by the plaintiff to quiet his title to certain pieces of land in the city and county of San Francisco, plaintiff alleging that he was in possession.
Upon his death his administratrix was substituted in his place. Defendant answered asserting title in himself, denying plaintiff’s right of possession, alleging an ouster by plaintiff of defendant’s possession, and concluding with a prayer for a decree establishing his title and enjoining plaintiff from asserting any
. He insists that by his answer he seeks affirmative relief, and that under section 581, subdivision 1, of the Code of Civil Procedure, it was erroneous for the court, under these circumstances, to dismiss the action. But this contention has been definitively settled against him in Moyle v. Porter, 51 Cal. 639.
The order appealed from is affirmed.