Mundell v. Franse

The opinion of the court was delivered by

Wedell, J.:

This was a suit to cancel a deed, quiet title and for an accounting. Plaintiff prevailed, and defendants appeal.

Appellants’ contentions are, the trial court erred in overruling their demurrer to the amended petition, their motion for judgment on the opening statement and in rendering judgment for appellee.

The first two complaints are not available to appellants. The record before us discloses no opening statement, motion for judgment or ruling thereon. The same is true concerning the alleged demurrer to the amended petition. It may be…