Little v. Sowers

The opinion of the court was delivered by

Parker, J.:

This is an action to recover damages for abuse of *73process. The appeal is from an order and judgment sustaining a demurrer to plaintiff’s second amended petition.

The indisputable factual situation from which this controversy springs, as disclosed by the involved pleading, can be stated as follows:

The plaintiff and one G. Mitchell Jordan, at all times here involved, were each the owners of an undivided one-half interest in a tract of real estate located at 1015 E. First street in the city of Wichita, the title to which was acquired under and…