Fakes v. Osborne

The opinion of the court was delivered by

Thiele, J.:

This was an action for possession of real estate and for an accounting of rents, and was commenced on June 17, 1944. The trial court sustained defendants’ demurrer to plaintiff’s second amended petition and plaintiff has appealed from that ruling and judgment.

In the second amended petition it is alleged that under date of May 21, 1941, plaintiff received from Fred E. McMurray and Bonnie S. McMurray an assignment of all their rights, title, interest and claim in and to section 11 and the south half of section 12, township 23, range 22, in…