Hilton v. Reed

SCHOTTKY, J.,

pro tem. — This is an appeal from a judgment in favor of plaintiff, entered in a quiet title action after appellant’s demurrer was overruled and he declined to plead further, his default being entered. The only issue involved on this appeal is the ruling of the trial court on the demurrer.

The complaint alleged in substance that respondent was the owner of certain real property; that appellant on April 13, 1938, commenced an action in the same superior court against a number of defendants, including a number of fictitious defendants, but not naming respondent, “whereby defendant…