Brungardt v. Smith

The opinion of the court was delivered by

Thiele, J.:

On May 28, 1952, the plaintiff commenced an action to quiet his title to described real estate. On January 14, 1955, the trial court quieted his title except as to mineral rights the title to which were quieted in certain of the defendants. The plaintiff has appealed to this court. Hereafter the parties will be referred to as plaintiff or defendants, or by their surnames.

As the judgment was rendered on the defendants’ motion for judgment on the pleadings and opening statement, the pleadings must be reviewed. In his petition filed May 28,…