Ephraim v. Metropolitan Trust Co.

I dissent.

In affirming the judgment the majority opinion holds that where the first count of a complaint alleging a cause of action to quiet title shows that with respect to certain defendants it is based upon the same facts pleaded in the second count to remove a cloud from the title, a general demurrer of those defendants will be sustained if the second count reveals a defect in plaintiff’s title or fails to state a cause of action; that in the present case the allegations of the second count are insufficient to show a cloud upon the title and, therefore, the trial court properly sustained…