Dunken v. Guess

BICKLEY, Justice.

The appellee (plaintiff) in March, 1933, commenced a suit to quiet title to land in statutory form. Appellant (defendant) answered by way of denials, and set up as affirmative defense that the equitable title is in him. The parties will hereinafter be referred to as plaintiff and defendant. They both claim title from a common source. Each filed a motion for judgment on the pleadings. They agree that these motions should be treated as demurrers.

Bearing in mind the presumption which attends the correctness of the judgment in the trial court, we look to the pleadings to…