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· 10/12/1918

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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