Ham v. Strenzke Realty Co.

EE BLANC, Justice.

This suit was initially instituted as one to try title to real estate as it was alleged that neither of the claimants to the land was in possession. Such a suit is provided for under Act 38 of 1908. It having appeared, however, by an exception, that the defend.ant-corporation was in actual possession of •.the property, plaintiffs, by way of supplemental pleadings, waived the form of pro■ceeding they had adopted and converted it into a petitory action. An exception of no •cause of action having been sustained in the lower court and judgment rendered therein dismissing their…