Wyatt v. State Line Oil & Gas Co.
Citations
- 103 Kan. 524
- 175 P. 596
- 1918 Kan. LEXIS 313
Syllabus
<p>SYLLABUS 3Y THE COURT.</p> <p>Pleadings — Foreclosure of Real-estate Contract — Amended Petition-No Cause of Action Stated. In a suit to quiet title the court gave judgment against plaintiff, but permitted him upon payment of the costs to file an amended petition to foreclose a contract in the nature of a mortgage upon the real estate. Held, that the amended petition fails to state facts showing a cause of action against the defendants, and that the petition cannot be aided by the pleadings, testimony, or rulings in the first trial.</p>
Judges: Marshall, Porter
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