Section 23 Answer, Counterclaims, and Cross-Claims

• Library: Real Estate Fundamentals 2011

If the defendants wish to deny the allegations of indefeasible title in the plaintiffs, the attorney for the defendants should be careful not to file a general denial. The effect of the general denial is to not only deny that the plaintiff has an interest, but also to deny that the defendant claims an interest as the plaintiff has alleged. The proper method is to deny specifically the allegations that the plaintiff has an indefeasible or complete title and to set up the interest that the defendant claims. Curry v.Crull,116 S.W.2d 125, 126 (Mo. 1938); Sanders v. Jones,147 S.W.2d 424, 426 (Mo. 1940).

An answer can...