Caldwell v. Newton

Citations

• 99 Kan. 846
• 163 P. 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Title to Land in Another State. The courts of the state where land lies have exclusive jurisdiction of actions, legal or equitable, which directly relate to and affect the title to such land.</p> <p>2. Same — Lands in Another State — Jurisdiction of Kansas Courts— Equitable Relief. A court of equity of one state that has acquired personal jurisdiction of a defendant may compel performance of contracts to convey land in another state, or enforce trusts as to the same, .or grant relief for fraudulently depriving one of the title or evidence of title to land in another state, or to grant other relief arising out of contract, fraud or trust; but an action may not be maintained in this state which involves merely the title and possession of land in another state.</p> <p>3. Same — Partition—Kansas Land — Title and Possession of Land in Another State — Pleadings—Misjoinder. In an action for the partition of land in Kansas an amended petition was filed making a stranger to the Kansas land a party, upon whom personal service was obtained. As against him it was alleged that plaintiff was owner of land in another state and that the new defendant claimed the title and exclusive right of possession of the land and wrongfully excluded the plaintiff from any possession or right in it. A motion was made by another defendant claiming an interest' in the Kansas land to strike from the petition the averments as to the new defendant and the land in another state, and the new defendant demurred to the petition upon the grounds of misjoinder and that a cause of action was not stated against him. The motion and the demurrer were sustained, and upon appeal it is held that they were rightly sustained.</p>