Hurst v. Brown

The opinion of the court was delivered by

Parker, J.:

This was an action in district court for a declaratory judgment, partition of real estate and adjudication of tenants’ rights. The appeal is from an order overruling a demurrer to the petition which outlines the plaintiffs’ claims in three separate causes of action.

In substance material allegations of fact set forth in the first cause of action of the petition can be stated as follows:

On September 17, 1943, J. C. Elvin died testate, a resident of Harper county, leaving Anna G. Elvin, his wife, as his sole heir at law and owning a number of…