Root v. Arnold

Plaintiff, claiming to be the owner thereof, brought this suit to establish title to an undi vided one-eighth interest in certain real property. The trial court sustained a demurrer to the complaint and, upon plaintiff’s declining to plead further, dismissed the suit. From this order and decree, she has appealed.

Plaintiff’s claim of ownership grows out of the following facts which were alleged in her complaint: On December 14,1861, Vinyard C. Brock died seized of the real property in question. He devised this property to his two sons by a provision in his will reading as follows:

“I give and…