Henne v. Wood

The opinion of the court was delivered by

HaRvey, J.:

This was an action to quiet title to an eighty-acre tract of land in McPherson county. The trial court sustained defendants’ motion to strike from plaintiff’s reply allegations deemed vital to plaintiff’s right to recover. Plaintiff has appealed.

Briefly, the pleadings may be summarized as follows: Plaintiff, in his petition, alleged that he is the owner and in the actual possession of the described land; that defendants claim some estate in or lien on the property, the nature of which is unknown to plaintiff; that all such claims were…