Henry v. Phillips

The defendants appeal from the judgment. The evidence is presented in a bill of exceptions.

1. The objection that the court erred in allowing the amended complaint to be filed is not well taken. The claim is made that it states a cause of action different from that set up in the original complaint. The first complaint states a cause of action, in the usual general form, to quiet plaintiff’s title to a tract of land. The amended complaint sets forth the plaintiff’s title in substantially the same language as in the first complaint, but it further alleges that the defendants’ alleged unfounded…