A Treatise On Pleading And Practice Under The Civil Code Of Kentucky PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...and, under it, the defendant could not only compel the plaintiff to prove a right of entry, but could defeat the action by proving a right of entry in himself; or, unless he had entered on the plaintiff's actual possession, by proving a right of entry in a stranger. (See cases cited in 773, ante.) An act of 1800 (M. & B. S83) authorized the defendant in ejectment to "plead not guilty, or plead his title according to its truth." Under the Code, which has abolished the general issue, an answer specifically traversing the plaintiff's allegations, in an action for land, would throw on him the burden of proof; but, if he should make out a prima facie case, as, by proving title in himself under a grant from the Commonwealth, it seems that the defendant, having merely traversed the allegations of the petition, could not prove title in himself, or in a stranger under a senior grant, or by reason of adverse possession during fifteen years. At any rate, an answer averring title in the defendant or in a stranger, after traversing the plaintiff's allegations, seems to be clearly admissible. Form 238. (b) Answer claiming part of the land (a). (Caption as in Form 165.) The defendant says that he claims so much of the land in the petition mentioned as is bounded as follows: describe it by abuttals or metes and bounds, and containing about...... acres; and he denies that the plaintiflf is the owner or entitled to the possession of any part thereof, and denies that the defendant is or has been in possession of any other part of said land. (Verification as in Form 1.) G. H., Attorney. Form 239. (c) Answer and counterclaim, alleging a parol purchase and making of improvements, etc. LEE CIRCUIT COURT. A. B., ..............Plaintiff, ...