Knabel v. Escudero

This is a suit to quiet title to real estate. The complaint is in the form prescribed by sections 4387, 4388, Code 1915. A demurrer was interposed to the complaint to the effect that it failed to state facts sufficient to constitute a cause of action in this, that it failed to allege that the plaintiffs were in possession, or that the premises were vacant or unoccupied, or that the defendants were not .in possession. The demurrer was sustained, and, the plaintiffs refusing to jilead further, the cause was dismissed, from which judgment it is here on appeal.

It is apparent that a question of…