McNulty v. Exchange Bank

Citations

• 69 Kan. 51
• 76 P. 395
• 1904 Kan. LEXIS 209

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Partition—Right to Second Trial. Where, in an action which, under the petition, is for partition only, the sole litigated question relates to plaintiff’s title to the land sought to be partitioned, the action is in essence one in ejectment, and the defeated party is entitled to a second trial as of right, upon proper demand.</p>