Heinecke v. Scott Et Al‪.‬

Change of Venue ? Convenience of Witnesses ? When Motion Premature ? Action to Reform Contract of Sale of Real Property on Ground of Fraud ? Place of Trial Where Property Situate. Change of Venue ? Convenience of Witnesses ? When Premature. 1. A motion for change of venue based on the ground that the convenience of witnesses would be promoted by the change is premature if made before the answer is filed. Same ? Action to Remove Cloud on Title ? Place of Trial. 2. An action to remove a cloud on title is one in rem and one to quiet title, which must be tried in the county in which the realty is situated. Same ? Action to Reform Deed on Ground of Fraud ? Place of Trial. 3. An action to reform a deed to real property or one to set aside a sale of such property on the ground of fraud must be tried in the county in which the property is situated. Same ? Action to Reform Contract of Sale of Real Property ? Fraud ? Triable in County Where Property Situate. 4. In an action to reform a contract of sale of real property and a deed thereto, placed of record, on the ground of mistake on the part of the vendor in inadvertently including therein property belonging to another (plaintiff), to the knowledge of the purchaser, thus rendering him guilty of fraud committed in the county of plaintiffs residence where the deed was executed and where the action was commenced, though the property in question was situated in the county where defendant and others, conspiring with him and made his co-defendants, resided, held, under the above rules, that a change of venue was properly granted defendants to their county where the property was located. - Page 201 Same ? Rule Where Complaint Contains Several Causes of Action, as to One of Which Defendant Entitled to Change. 5. Where a complaint contains more than one cause of action on one of which defendant is entitled to a change of venue, the motion must be granted though the others may be properly triable in the county where the action was brought.