Sutton v. Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that although the trial court erred in failing to dismiss a quiet title action filed by an out-of-possession plaintiff, the error was not fatal to the claim because this Court may amend the pleadings to include an action in ejectment sua sponte
• holding that although the trial court erred in failing to dismiss a quiet title action filed by an out-of-possession plaintiff, the error was not fatal to the claim because this Court may sua sponte amend the pleadings to include an action in ejectment
• holding that the trial court’s failure to dismiss the action to quiet title was error because the plaintiff was not in possession of the land in question; but the error was not fatal to the claim because the Superior Court could sua sponte amend the pleadings to include an action in ejectment
• appellate court may sua sponte amend pleadings to conform action to quiet title to proper request for ejectment
• equitable owner under contract for sale, with no right of immediate possession, may maintain suit to quiet title
• appellate court may sua sponte amend pleadings to conform action to quiet title to proper request for ejectment.

Source: CourtListener parenthetical corpus (CC0).