Sigel-Campion Live Stock Commission Co. v. Haston

Citations

• 81 Kan. 656
• 106 P. 1096
• 1910 Kan. LEXIS 411

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jury Trial — Equitable Proceeding — Title to Beal Estate. In an action to foreclose a real-estate mortgage one of the defendants filed a cross-petition, in which it claimed to have a paramount lien upon the mortgaged premises. Another defendant filed an answer to the cross-petition, in which he denied the validity of the cross-petitioner’s lien and claimed to toe the owner of the land. The plaintiff thereupon dismissed his petition, and upon the request of the cross-petitioner the trial proceeded upon the issues made between the cross-petition and the answer thereto. The answering defendant demanded a jury, which was denied; but a jury was called, to which was submitted the controlling question in the controversy. A special verdict was received and a judgment entered thereon in favor of the cross-petitioner. Held, not error.</p> <p>2. -Liens — Judgment—Petition—Demurrer. . The cross-petition in this case examined and held to state a cause of action as against a demurrer.</p>