Byers v. Rodabaugh

1. action of right form of. I. Tbe petition is in tbe ordinary form for tbe recovery of real property, bat concludes by asking “ judgment against tbe said defendant, establishing and confirming in and to said plaintiff, an estate in fee simple in tbe whole of said- land; tbe immediate possession thereof, and determining and quieting tbe question of tbe .title thereof, and for said sum of five hundred dollars above demanded, and costs.” Tbe defendant moved to transfer tbe cause to the chancery docket, and fora continuance thereof, “ for, the: reason that the plaintiff’s petition asks for…