Melville Fuller

“ Appellants commenced a possessory action, in the nature of ejectment, against appellee, in the district court of the second judicial district of Washington Territory, by complaint in the ordinary form. To this the defendant filed an answer, denying title in plaintiffs, and otherwise equivalent to the plea of not guilty; and in addition pleaded affirmatively four defenses, setting up, among other things, the 10-years statute of limitations upon actions for the recovery of real property. ”

“ The fourth affirmative defense was addressed to the judge of the district court, and alleged a variety of facts, constituting, appellants contended, an equitable defense, if any at all, which they denied. ”

“ Whereupon counsel for plaintiffs excepted, and gave notice of appeal to the supreme court.' Appeal was accordingly prosecuted to the territorial supreme court, under the act of the territory 'in relation to the removal of causes to the supreme court,' approved November 23, 1883, (Laws Wash. T. 1883, p. 59.) ”