Everett v. Pape Bros., Inc.

Plaintiff filed this suit to remove a cloud on the title to plaintiff’s real property. The defendants were six creditors who held judgments against the plaintiff. Pour defendants did not file appearances, and the other two defendants filed demurrers, alleging that the complaint did not state a cause of suit. The trial court sustained the demurrers, and a decree was entered dismissing the complaint. Plaintiff appeals.

Plaintiff’s complaint alleged that plaintiff and his wife were owners of certain real property in Douglas County and that the property constituted plaintiff’s homestead. The…