C. S., 361, provides that when boundary lines are in dispute that they may be established by a special proceeding in the Superior Court of the county in which the land, or any part thereof, is situated. C. S., 363 (4), provides that the procedure in processioning proceedings shall be the same as in special proceedings. O. S., 758, provides that in special proceedings a defendant or other party thereto may plead any equitable or other defense, or ask any equitable or other relief in the pleadings which it would be competent to ask in a .civil action, and that when such pleas are filed the clerk shall transfer the cause to the civil issue docket for trial during term upon all the issues raised by the pleadings. O. S., 457, provides that all persons may be made defendants who are necessary parties to the complete determination or settlement of the question involved.
It therefore appears that the plaintiff properly commenced this proceeding, C. S., 361, and that the procedure was that of special proceedings, C. S., 363 (4), and that it was competent for the defendant to plead the equitable relief of mutual mistake, and when this plea was filed the clerk properly transferred the cause to the civil issue docket, C. S., 758, and that the court was authorized to make the Home Insurance and Realty Company a party defendant, C. S., 457.
The allegation of mutual mistake of the Home Insurance and Realty Company, the common grantor of the plaintiff and defendant, and of the plaintiff and defendant as grantees in the deeds simultaneously executed and delivered to them by said insurance and realty company, raised an issue which the defendant wás entitled to have submitted to the jury, and rendered erroneous the judgment sustaining the demurrer ore tenus to the further answer and defense and remanding the cause to the clerk.
Reversed.