A Selection of Cases On the Law of Pleading Under Modern Codes

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INIiss. V. Ins. Co. , 47 Mo. , 443, 444. If they were developed in the progress of the trial, and either party wished to avail himself of them, an appli- cation should have been made to the court for leave to amend. To the bill thus amended the defendant would have the right to plead, and quite possibly other and important questions of law might arise thereon.
Respondents' counsel suggest that the appellant ought not to complain of the error, as under the decree he obtains a half in- terest in
...the lot and improvements. But the court, whilst leav- ing in him an undivided interest in the property, went further, and rendered a judgment in personam against him for $339. In n^^>^ ^ / other words, under a petition to impress the legal title to this r^ v^ . \ property in defendant with a trust and to divest the legal title K^ «vu»vJ - 1 and vest it in the cestui que trust, the court, against his prayer I

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