Markle v. Markle

Redick, District Judge.

This is an action for partition of real estate between the heirs of Volney A. Markle, deceased. The petition alleges the necessary facts showing title. All heirs, including the widow of deceased, were joined as plaintiffs or defendants, and some others as having an interest in or lien upon the property. The petition then alleged “that the said deceased left no debts, claims or expenses against his said estate.”

The defendants filed separate demurrers to the petition on the ground that it did not state facts sufficient to con*413stitute a cause of action. The demurrers were…