Griffith v. Griffith

Citations

• 71 Kan. 547
• 81 P. 178
• 1905 Kan. LEXIS 179

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Real Estate — Proceeding to Set Aside Deeds — Misjoinder. Where a grantor executes two separate deeds about the same time, one of which purports to convey a tract of land to one person and the other purports to convey another tract to a different person, and afterward the heirs of the grantor file a petition and institute a proceeding against both grantees to set aside the deeds, recover the land, and partition it among the heirs, there is an improper joinder of causes of action.</p> <p>2. -Interests Not United. The fact that there was a common grantor does not unify the interests conveyed, nor make the setting aside of the deeds or the recovery of the land a single cause of action.</p> <p>3. Practice, District Court — Joinder of Actions. Under section 83 of the code (Gen. Stat. 1901, sec. 4517) causes of action, to be united in a single proceeding, must not only belong to one of the specified classes but must affect all the parties sued, except in suits to enforce mortgages and other liens.</p>