Ganahl v. Ganahl

This is an action for partition of real estate. The construction of the will of Fidel Ganahl is involved, and plaintiff's right to partition depends upon a construction favorable to him. A demurrer, averring that the amended petition failed to state facts sufficient to constitute a cause of action, was filed. The trial court sustained it. Thereupon plaintiff refused to plead further, the trial court entered judgment in favor of defendants, and plaintiff appealed.

It is necessary to set forth the petition. Omitting caption and signatures it reads:

"Plaintiff, for cause of action, states that he…