Denning v. Denning

'The opinion of the court was delivered by

Dawson, C. J.:

This was an action to cancel a deed to a house and two lots in Kinsley and for an adjudication that plaintiff was ■the owner of an undivided half interest in the property, and for .judgment against defendant for half the rental proceeds thereof.

Plaintiff’s petition pleaded the facts touching the origin of his title, and the alleged fraud which was perpetrated on him which induced him to part with his title, and concluded with a prayer for judgment.

Defendant moved to strike out some matters from plaintiff’s petition and demurred to the…