Kibby v. Hensel

Citations

• 81 Kan. 229
• 105 P. 696
• 1909 Kan. LEXIS 347

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Amendment — Answer Filed with Motion to Open Judgment— Statute of Limitations. K. sued H. and several others to quiet title to several tracts of land, including the northeast quarter and the northwest quarter of a certain section. A judgment was rendered for the plaintiff, on service by publication. On motion of H. alone the judgment was opened as to him, his answer claiming title only to the northeast quarter. After the expiration of the three-year period for opening such judgments H. was allowed to amend his answer by substituting “northwest” for “northeast,” to correct a misdescription of the land claimed. As H. had been sued in respect to his claim to the northwest quarter, and he had no title to the northeast quarter, the amendment preserved the identity of his defense and counterclaim to the subject of the action between the parties affected, and was properly allowed.</p>