Ohio Supreme Court, 1926

Lust v. Farmers Bank & Savings Co.

Lust v. Farmers Bank & Savings Co.
Ohio Supreme Court · Decided July 1, 1926 · Allen, Day, Jones, Kinkade, Marshall, Matthias, Robinson
4 Ohio Law. Abs. 194

Lust v. Farmers Bank & Savings Co.

Opinion of the Court

DAY, J.

Where in an action for the recovery of the possession of real estate, an answer is filed which contains a general denial, putting in issue all the claims of the plaintiff, and by a second and third defense the defendant averring ownership and possession seeks affirmative relief by setting up cross-demands, “¿onstituting a cause of action in itself on which a separate action might have been maintained,” to wit, quieting title of the disputed tract, such answer is not to be construed merely as defensive to the allegations of the petition, and such cross-demands relating to a subject-matter over which chancery has jurisdiction, the issues, tendered by such cross-demands and the reply of the plaintiff thereto, make a cause of action that is appealable.

Judgment reversed.

Marshall, CJ., Jones, Matthias, Allen, Kinkade and Robinson, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.