Curtis v. Schmehr

The opinion of the court was delivered by

Mason, J.:

On February 19, 1902, W. 0. Schmehr brought suit against George M. Curtis to quiet plaintiff’s title to a quarter-section of land and to annul a tax deed held by defendant thereon. On June 7, 1902, and before any pleading had been filed by defendant, plaintiff by leave of court, filed an amended, petition converting the action into one for the posses*125sion of the same land. Defendant moved to strike out the amended petition for the reason that it changed the cause of action. This motion was overruled, and defendant answered claiming title and…