Betts v. Signor

• Decision Date: 28 April 1898
• Citation: 75 N.W. 781,7 N.D. 399
• Parties: BETTS v. SIGNOR.
• Court: North Dakota Supreme Court

7 N.D. 399

75 N.W. 781

BETTS

v.SIGNOR.

Supreme Court of North Dakota.

April 28, 1898.

Syllabus by the Court.

In an action to quiet title, under section 5904, Rev. Codes, the defendant sets up a counterclaim when he alleges that he is the owner of the land, and prays that title may be quieted in him.

Appeal from district court, Cass county; Charles A. Pollock, Judge.

Action by N. N. Betts against Sophia Signor. From an order sustaining plaintiff's demurrer to defendant's counterclaim, defendant appeals. Reversed.J. E. Robinson, for appellant. Benton & Bradley, for respondent.

CORLISS, C. J.

This case is governed by the decision of the court in Power v. Bowdle, 3 N. D. 107, 54 N. W. 404. The action was brought to quiet title under section 5904, Rev. Codes (formerly section 5449, Comp. Laws). The defendant, by way of counterclaim, set forth in his answer his own ownership of the property, and prayed that his own title might be quieted. The pleading therefore discloses a counterclaim calling for a reply. We so held in the case just cited. It follows that the district court erred in sustaining the demurrer to such counterclaim. The order sustaining the demurrer is therefore reversed. All concur.