Robinson v. Mutchmore

The opinion of the court was delivered by

Burch, J.:

The action was one to quiet title. The court found generally for defendant, and plaintiff appeals.

The action was the statutory action authorized by the civil code *420(R. S. 60-1801). The petition alleged plaintiff was owner and in possession of described land; alleged that defendant claimed some right or interest therein which was without authority in law, and which constituted a cloud on plaintiff’s superior title; and prayed judgment quieting plaintiff’s title. The purpose and meaning of the code section were expounded by Chief Justice Kingman…