Nelson v. Garrett
| Decision Date | 30 November 1948 |
| Docket Number | 33097. |
| Citation | 200 P.2d 420,201 Okla. 9,1948 OK 259 |
| Parties | NELSON v. GARRETT et al. |
| Court | Oklahoma Supreme Court |
Appeal from District Court, Pittsburg County; R. W. Higgins, Judge.
Action by Otis Garrett and William Garrett against Roy M. Nelson for cancellation of a lease and possession of the leased premises. Judgment for plaintiffs, and defendant appeals.
Judgment vacated and cause remanded with directions.
Syllabus by the Court.
Where the parties to an action have introduced their evidence and finally submitted the cause to the court, except for further argument at some future date, and thereafter, on the theory or for the reason that plaintiff has no interest in the subject-matter of the action and had no interest therein when the action was filed, another person is brought into the action as a party plaintiff under such circumstances as to amount to the making of a new party plaintiff in effect, and by new pleadings, issue is joined between such new plaintiff and the defendant, such issues may be determined only after trial in which both parties have participated. And in such case where no trial is had, and there is no adoption by the parties of the evidence theretofore introduced, there is no basis for rendition of judgment for the new plaintiff or for the two plaintiffs, and the rendering of such a judgment is reversible error.
O. H Whitt, of McAlester, for plaintiff in error.
J. E Layden, of McAlester, for defendants in error.
This action was commenced by Otis Garrett against Roy M. Nelson for cancellation of a lease and for possession of real estate; for money judgment for rentals allegedly due and unpaid and damages for failure to comply with the terms of the lease contract.
The defendant filed answer to plaintiff's petition admitting the execution of the lease and denying plaintiff's claim for rentals and damages. The defendant alleged purchase of the lands in controversy from the plaintiff and through an agent of the plaintiff at a date prior to the execution of the lease; that he had been unable to procure delivery of a proper deed from plaintiff; that since said date of purchase he had been the owner of the premises. Defendant prayed that his title and right to possession be quieted and confirmed as against the plaintiff.
The cause came on for trial upon the issues presented by the pleadings. A jury was empanelled and sworn to try the cause. After statements of counsel concerning the evidence to be presented, the trial court discharged the jury. The plaintiff was sworn as a witness. The execution of the lease was admitted. Plaintiff testified that some of the rentals provided by the terms of the lease had been paid. On cross-examination plaintiff was asked if he owned the lands involved in this action and plaintiff stated that it was owned in the family. Counsel for plaintiff then stated to the court that the record title to the lands was in plaintiff's son and was in the plaintiff's son before the law suit commenced.
Defendant presented testimony to the effect that he had purchased the property from the plaintiff and that the lease was executed as a device to protect him in his possession of the premises pending the securing of a proper instrument of conveyance from plaintiff.
After both parties announced the close of their presentation of evidence in the case the trial court announced that he would hear them on the questions of law in the case at some later date.
These trial proceedings were held on June 15, 1945. On January 18, 1946, the defendant filed a motion to dismiss the action based on plaintiff's admission that he was not the owner of the lands involved. On October 17, 1946, the defendant filed a motion to make William Garrett a party plaintiff asserting that plaintiff had executed a warranty deed to the lands involved to William Garrett (plaintiff's son) before the action was commenced. On October 19, 1946, the plaintiff filed motion to strike the defendant's motions asserting that such pleadings were filed long after the case had been tried and submitted to the court for judgment, and that such pleadings were filed by the defendant without leave of the court.
On November 13, 1946, the parties appeared before the trial court. The trial judge inquired if there were any further arguments. After some discussion counsel for plaintiff announced that plaintiff was not seeking judgment for rentals, but was seeking judgment only for cancellation of the lease. The trial court refused at the time to pass on the defendant's motion to dismiss, but on said date sustained defendant's motion to make William Garrett a party to the suit.
On November 16, 1946, William Garrett filed a pleading in the case asserting ownership of the property involved and alleging title under warranty deed from the plaintiff Otis Garrett executed at a date prior to the execution of the lease involved and that said deed was recorded after the lease had been executed. William Garrett alleged that the defendant had not paid any of the rentals due under the lease contract involved and denied defendant's claim of ownership of the property. The prayer of this pleading was that the lease contract be cancelled and that title to the premises be decreed in and quieted in the said William Garrett.
On November 19, 1946, the defendant filed answer to the petition of William Garrett denying the claims of ownership of William Garrett and asserted defendant's ownership as alleged in his first answer, and prayed judgment that title to the lands involved be quieted in the defendant.
On December 19, 1946, all parties appeared before the trial court. The trial court, after hearing argument, overruled the defendant's motion to dismiss and entered judgment decreeing that title to the lands involved be quieted in the plaintiff William Garrett, and that the plaintiffs, Otis Garrett and William Garrett, recover judgment against the defendant for cancellation of the lease and for possession of the premises. The defendant brings appeal.
Several assignments of error...
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