Ward v. Ward

The trial court erred in permitting the complaint to be amended after the trial, introducing a new and different cause of action. The original complaint alleged, in count 1, plaintiff’s title to the farm and defendant’s wrongful adverse claim thereto; and in count 2, plaintiff’s title and right of possession and defendant’s wrongful detention thereof, with damages. Prayers to recover possession and quiet the title follow. During argument, after the evidence was in, the court intimated doubt as to whether relief could be granted under the issues. Thereupon plaintiff asked, and over defendant’s…