Miller v. Miller
Supreme Court of Iowa
Appeal from Guthrie Circuit Court. Action in chancery to quiet the title of certain lands, and to partition the same. One of the defendants, Shultz, filed an answer to the petition, to which plaintiffs demurred. The demurrer was overruled, and, plaintiffs refusing further.to plead, their petition was dismissed. They now appeal.
1Opinion of the CourtBeck, J.
*3881. Pleading: recitals in exhibits are not allegations of plea. *387I. The plaintiffs claim title to the land by descent, as the heirs of John II. Miller, deceased. , The defendant, Shultz, in the first and second counts of his answer, denies *388the allegations of the petition, and in the other counts alleges’ that he is the absolute owner of the land, under a purchase from and a deed executed by one Christopher Hootman, “executor of the last will and testament of John IT. Miller.” He also alleges payment for the land, and that he cannot attach a copy of the will to his answer. He attaches to his…
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