ROHNER ET UX v. Neville

Plaintiffs Rohner appeal from a decree denying their suit to quiet title to 51.9 acres of land. After trial, the court dismissed the suit because the complaint did not allege that the defendant was claiming an interest adverse to the plaintiffs. Such an allegation is required by ORS 105.605. Fildew v. Milner, 57 Or 16, 20, 109 P 1092. It does not follow, however, that the suit was properly dismissed.

There was no demurrer. In the absence of a timely demurrer, a pleading is to be construed liberally in favor of the pleader. Hill v. G & W Development Corp., 228 Or 93, 363 P2d 763. Thus…