Metcalfe v. McCutchen

Citations

• 60 Miss. 145

Syllabus

<p>1. Amendment. Error in declaration. Leave to amend after verdict.</p> <p>In an action of ejectment concerning land situated in “range!,” the declaration described the land as being in “ range 6,” but the evidence of either party was shaped to support a claim to land in “range 7,” just as if the pleadings had so described it. The plaintiff did not discover the error in his declaration till a verdict had been rendered in his favor, when he asked leave, before entry of the judgment, to amend the declaration by changing the figure “6,” where it occurred after the word range, to “7.” The court refused to permit the amendment. Held, that the court below erred in not allowing the amendment.</p> <p>2. Same. When reviewable on appeal. Sec. 1581, Code 1880.</p> <p>Sect. 1581 of the' Code of 1880, in relation to Circuit Courts, provides that: “ The court shall have full power to allow all amendments to any pleading, at any time before verdict, so as to bring the merits of the controversy between the parties fairly to trial, and may allow all errors and mistakes in the name of any party, or in the form of the action, to be corrected; and the court shall require all such amendments to be made on such terms, as to costs and delay, as may seem proper to prevent surprise or undue advantage. Either party may except to the decision of the court allowing or refusing amendments, and the same maybe assigned for error.” Held, that under this statute the action of the Circuit Court, in allowing or refusing any amendment, whatever, whether before or after verdict, is reviewable by this court, upon appeal.</p> <p>8. Adverse Possession. Claim, founded on mistake. Case in judgment.</p> <p>A. is the owner of the west half of a certain section of land; and B. is the owner of the east half of the same section. B. has been in possession of a part of the west half for more than ten years (the period necessary to establish a title by adverse possession), claiming title thereto in the belief that