34 Kan. 73 | Kan. | 1885
The opinion of the court was delivered by
This was an action brought by Elizabeth Sample against Matthew K. Sample and twelve others, to have the east half of section 33 and the west half of section 34, township 14, range 19, in Morris county, partitioned between them, the plaintiff claiming an undivided half-interest in the land. The petition is very lengthy, containing some allegations which affect all the defendants, some which affect only a portion of them, some which affect one portion, and some another; and all the matters and things alleged in the petition are set forth in one count. Matthew K. Sample filed a motion to require the plaintiff to amend her petition: First, by striking out certain matter designated in the motion as redundant and irrelevant; second, by separately stating and num
It will be perceived that the only questions arising in this case are between Elizabeth Sample and Matthew K. Sample; hence we shall not attempt to discuss any of the questions which may possibly arise in the ease as between the plaintiff and the other defendants, or between Matthew K. Sample and his co-defendants; for what such questions may be we cannot now tell.
Matthew K. Sample also complains of certain allegations in the petition with regard to deeds for a portion of the land, purporting to have been executed by Matthew Sample in his lifetime to Matthew K. Sample. • Elizabeth Sample alleges that in fact these deeds were never delivered, but were procured by Matthew K. Sample by fraud and without consideration. Matthew K. Sample claims that the allegations concerning these deeds constitute a separate and distinct cause of action from the cause of action for partition. Now such allegations might in some cases constitute a separate and dis-
There are certain other allegations with regard to a certain trust deed and mortgages, held by other defendants, of which Matthew K. Sample complains; but these allegations are wholly immaterial as between Elizabeth Sample and Matthew K. Sample, and hence we shall make no further mention of them.
The order and judgment of the court below will be affirmed.