Sikes v. Sikes

Gunter, Justice.

This appeal is from a judgment that dismissed a complaint that sought to partition land. The judgment of dismissal stated: "After due consideration of this matter, it appearing that the plaintiffs have not exhausted their remedy at law for a statutory partitioning of the property involved; it is considered, ordered and adjudged by the court that the complaint in said proceedings be, and the same are, hereby dismissed.”

The appellants argue here that the complaint stated a claim for relief, and that it should not have been dismissed. We agree with the appellants and reverse the…