Simmons v. Gill

The opinion of the court was delivered by

Thiele, J.:

This was an action to partition real estate. The trial court rendered judgment on the pleadings in favor of defendant and the plaintiffs appeal.

Plaintiffs’ original petition was filed October 8, 1943. Defendant’s demurrer to it having been sustained, plaintiffs later filed an amended petition alleging they had a legal and equitable estate in and to certain real estate in Wichita and that defendant kept them out of possession, and that their interest arose out of the following facts and circumstances. Plaintiffs are the sole surviving heirs…