Rhoades v. Meyer

CHADICK, Chief Justice.

The trial court entered a summary judgment that plaintiff Ivey Lee Rhoades, a feme sole, take nothing from Howard C. Meyer, one of several defendants in an action to cancel a deed, or deeds, and to recover title to land. After judgment the cause of action against Meyer was severed and this appeal ensued. The judgment is reversed and the cause remanded.

In the trial court appellee Meyer construed the allegation of the Rhoades trial petitions’ cancellation count as a special plea of title having the effect of excluding from the court’s consideration any other title that…