Johnson v. Allen

The opinion of the court was delivered by

Robb, J.:

This is a consolidated appeal. The appellants Johnson appeal from an order of the trial court sustaining appellee’s motion to strike a part of appellants’ amended reply and the appellee (Flag Corporation) appeals from the same order overruling the balance of appellee’s motion to strike the remaining parts of appellants’ amended reply.

The action was originally commenced to quiet appellants’ title to certain land in Sheridan county and the petition properly set out the necessary allegations showing appellants to be absolute owners in fee simple.

A…