Kennett v. Van Tassell

The opinion of the court was delivered by

Clark A. Smith, J. :

This was an action in ejectment. In his original petition the plaintiff described a fraction of lot 23, of block 126, in the city of Concordia, as the property to be recovered. The description was long and unusual. The answer-day,'as fixed by the summons, was May 9, 1902. The defendant, *812by leave of court,'on June 16, 1902, filed a disclaimer. On September 2, 1902, at the first session of the district court after the filing of the petition, the plaintiff,, by motion,tasked leave to amend his petition by striking out the word…