Kansas & Colorado Pacific Railway Co. v. Burns

(dissenting) : This must be construed as an action in the nature of ejectment, brought under section 595 of the code (Gen. Stat. 1901, § 5082), although the allegation of the plaintiff’s amended petition is “that plaintiff is the owner of, and entitled to, the possession” of the real estate therein described, instead of that plaintiff “has a legal or equitable estate therein and is entitled to the possession thereof,” as prescribed by the code. The *630defendants filed a general denial to this amended petition, as authorized by section 596 of the codé (Gen. Stat. 1901, § 5083).

At the trial the…