Howard v. Radmanesh

CLEMENS, Senior Judge.

The trial court sustained defendants’ motion to dismiss plaintiff’s petition to quiet title and she has appealed. We conclude the petition stated a cause of action.

In substance, plaintiff’s petition alleged: She and the defendants owned specifically described adjoining tracts of land; that defendants are claiming some title and interest in plaintiff’s land by encroaching upon and using a part thereof across the common boundary, the exact interest claimed by defendants being unknown but being adverse to plaintiff’s interest. Plaintiff prayed to quiet title to her…