Thomas v. Ogden State Bank

The court below sustained a general demurrer to the amended complaint of the plaintiff, Thomas Thomas, and upon his refusal to further plead, the action was dismissed. He appeals. The ruling sustaining the demurrer is thus the only question presented for review.

By the complaint it in substance is alleged that the plaintiff, in September, 1923, and prior thereto and at the commencement of the action, was the owner and entitled to the possession, “subject to certain liens and encumbrances,” of about 53 tracts of land described in the complaint aggregating about 24,000 acres consisting of…