Kundert v. Powell

COIL, Commissioner.

Appellants (plaintiffs below) filed their second amended petition to quiet title to certain real estate in Bates County. Respondents (defendants below) filed motions (two) to dismiss the petition for the reason that it “fails to state a cause of action.” The court sustained those motions and plaintiffs appealed from the judgment of dismissal.

Plaintiffs averred that they and defendant Weidman were the children or grandchildren of brothers and sisters of one Riley Gilbert, deceased; that they and defendant Weidman, as all the collateral heirs of Riley Gilbert, deceased, are…