Laughton v. McDonald

BURNETT, J.

The complaint is in the usual form of an action in ejectment and the prayer is:

“1. For the recovery of the possession of the demanded premises and for the sum of $100 damages for withholding the possession thereof.

“2.

For the sum of $50, value of said rents, issues and profits, and costs of suit.”

The defendants denied the material allegations of the complaint except admitting that they were in possession of the land in controversy, and as a separate defense and by way of cross-complaint they alleged:

“On or about the first day of January, 1900, one Katherine McIntyre was the owner in the possession, and entitled to the possession, of the lands in plaintiff’s complaint herein described; and on or about the said date she did for the price or consideration of Ten Dollars per acre by a verbal agreement then and there made between her and cross-complainants grant, sell and transfer the West twenty-five (25) acres of the southwest quarter of the northwest quarter of Section 27, Township 17, North Range Five East M. D. M., situate and being in the County of Tuba, State of California, to-wit: The west Twenty-five acres of the lands in said complaint described.

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"The said consideration of ten Dollars per acre was and is an adequate consideration for the contract and as to said Katherine McIntyre, and to all persons interested the said contract is just and reasonable; and whatever rights plaintiff claims to have acquired were so acquired with full knowledge of the rights of these cross-complainants as in this cross-complaint set forth. ’ ’

"At the said time of the said verbal agreement in Paragraph 2 of this cross-complaint mentioned said twenty-five acres aforesaid were entirely unimproved with no buildings or improvements thereon and were grown up to chaparral, brush and in a generally wild and uncultivated condition.

"That thereupon upon the making of said verbal agreement of purchase and sale aforesaid and in good faith and relying thereon, these cross-complainants moved upon and took possession of said Twenty-five acres, and have since cleared the brush therefrom, constructed and now have thereon a dwelling-house, barn, chicken-house and other out buildings and improvements; have reduced said lands to a high- state of cultivation; and during a period of approximately twenty years they have occupied and used said twenty-five acres as their home; brought thereon water from Browns Valley Irrigation District; have irrigation thereon; have paid for all said water; paid all taxes and assessments of every kind levied or assessed thereon and have paid the full purchase price of said lands in said sum of Ten Dollars per acre; all in full reliance upon the said verbal agreement and with full knowledge not only of said Katherine McIntyre, but of all her successors in interest, including the plaintiff in this action and his predecessors in interest and their grantors.”