Gross v. Gatliff

LATIMER, Justice.

By his intervening petition appellant sought a declaration of rights concerning the ownership of a certain boundary of timber. Appellees demurred to the petition, but before same was passed on by the court, appellant filed an amended intervening petition. Motion to strike this amended intervening petition was sustained. The court then sustained the general demurrer. Upon appellant’s refusal to plead further his petition was dismissed, from which he prosecutes this appeal.

The only facts presented are those to be found in the petition and exhibits filed therewith. The question…