Jardon v. Price

The opinion of the court was delivered by

Wedell, J.

This was an action in the district court to determine the interest plaintiffs and defendants acquired in certain lands from two decedents, to have the lands partitioned and also to have set off against the interest of defendants a claim for money alleged to be due on two notes.

The district court sustained a demurrer to the petition on the ground it lacked jurisdiction to allow the claim on the notes. From that ruling plaintiffs appeal.

The material portions of the petition, in substance, alleged: M. J. Jardon died testate in Douglas county…