Schlemeyer v. Mellencamp

The opinion of the court was delivered by

Hoch, J.:

This was an action to quiet title to real estate. Plaintiff’s motion for judgment upon the pleadings was sustained and defendants appeal. The issues here turn upon construction and effect of a certain deed and upon the statutes of limitation.

A motion for judgment on the pleadings, like a demurrer, admits all facts well pleaded by the opposing party; assumes no disagreement as to material facts, and should not be sustained unless it clearly appears that the admitted facts entitle the party making the motion to judgment. (49 C. J. 668-670;…