110 Kan. 253 | Kan. | 1922
The opinion of the court was delivered by
This is an action in forcible detainer. Judgment was rendered for the plaintiff, and the defendant appeals.
It appears that L. Klingbeil died owning real property, among which was the property in controversy. Two or three years before this action was commenced, Ada Klingbeil, acting as agent and manager of the Klingbeil estate, rented the property to the defendant, who occupied it continuously until after judgment was rendered in the district court. On May 24, 1920, plaintiff gave defendant written notice that ■ his tenancy would terminate thirty days from that date, and on July 7, Í920, gave him written notice to forthwith quit and leave the premises and that an action for the possession thereof was about to be brought. The action was thereafter commenced and was tried before a justice of the peace on July 24, 1920. A verdict was rendered in favor of the defendant, and the plaintiff appealed to the district court. On 'July 24, 1920, Frank Shoemaker, who owned an undivided one-twelfth interest in the property, consented in writing that the defendant might continue to occupy the premises at the same rate of rent.
The defendant presents but one question: “One of the ‘Real Parties in Interest’ was not joined either as plaintiff or defendant; therefore plaintiff should not be permitted to maintain this action.” The defendant cites section 25 of the code of civil procedure which provides that “every action must be prosecuted in the name of the real party in interest except as otherwise provided in section 27.”
The judgment is affirmed.
