Kirby v. Kirby

An abstract of the pleadings, as set .out in the appellants’ brief, and as admitted to be correct by appellee, shows substantially, that the action was by appellee against appellants, his minor children, to quiet title to real estate.

A guardian ad litem was appointed for appellants and -tiled an answer, and also a cross-complaint, to each of which a demurrer was sustained. This ruling is assigned as error.. The facts stated in the answer and in the cross-complaint are the same, and are briefly as follows:

That Clay M. Kirby, who was the father of appellee, and the grandfather of appellants,…