Hoffman v. Heirs of Hoffman

According to the opinion of the trial court plaintiff commenced this action ostensibly to quiet title to the West-half of Section 35, Township 143, Range 99; but in fact to effect probate proceedings.

The summons was duly served, so as to give the district court jurisdiction of the case. All defendants defaulted and in due time the case was presented. The court dismissed the action on the ground the nature of the issue was such that original and exclusive jurisdiction thereof was in the county court, and the plaintiff appealed.

The complaint is in the statutory form to determine adverse claims…