Bailey v. Williams

DALTON, Judge.

This is an appeal from an order and judgment of the Circuit Court of Nodaway County sustaining defendants’ motion to dismiss plaintiff’s second amended petition, dismissing the suit, discharging the defendants “without day” and taxing the costs against the plaintiff. Plaintiff has appealed.

Plaintiff’s second amended petition contained two counts, the first will be referred to as a count in ejectment and the second as a count to quiet and determine title, both with respect to the same specifically described real estate in Nodaway County.

In order to better illustrate the position…