Elliott v. Hudson

Citations

• 84 Kan. 7
• 113 P. 307
• 1911 Kan. LEXIS 272

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quieting Title — Answer—Admission of Plaintiffs Title. In an action to quiet title, held, that the averments of the special answer so far modified the general denial as to admit without further proof that the plaintiff held the legal title .at the time the action was commenced.</p> <p>2. -Petition — Sufficient Statement - of Defendant’s Adverse Claim. In an action to quiet title, independent of the statute, a petition which states that the defendant claimed - an interest in the land by virtue of two tax deeds of a certain date, and that the deeds were wholly null and void and conveyed no title to the grantee therein, states generally the nature of the defendant’s .adverse claim.</p> <p>3. Petition — Testing Sufficiency by Demurrer to the Evidence. Where a petition in general terms states a cause of action, and the defendant answers and goes to trial, he can not by demurrer to the evidence question the sufficiency of the petition.</p>