Royse v. Turnbaugh

Olds, J. —

The appellants, the plaintiffs below, brought this action by first filing a complaint in one paragraph, alleging that they were the owners of certain real estate, describing the same; that the defendants were asserting title to said real estate, but that their claim was unfounded and wrongful, and constituted a cloud upon their title; prayer for a judgment quieting their title.

On this paragraph of complaint issues were formed, demurrers filed to pleadings, and exceptions reserved to the *540rulings of the court on the demurrers. After the case was at issue on this paragraph of…