Gardner v. Robertson

Plaintiffs, husband and wife, sued Robertson and twenty-three others to quiet title in divers tracts of land in Butler county, under Revised Statutes 1899, section 650. Among- the twenty-three are three Barkers, to-wit, Albert W., Oody and Frank. Plaintiffs had judgment, and from that judgment the Barkers appeal.

The petition is an omnibus pleading (not the draft of plaintiffs’ present counsel) and on its face discloses a bundle of vices, viz.: a misjoinder of plaintiffs, a misjoinder of defendants and a misjoinder of causes of action. Plaintiffs are not jointly interested in the several…