Clester v. Clester

The opinion of the court was delivered by

Porter, J.:

This is an. appeal from a judgment sustaining a demurrer to plaintiffs’ evidence. The action was in ejectment and for partition of certain real estate.

The appellants, who were plaintiffs below, are the children of John Clester, deceased, who removed to Kansas from Ohio in 1878, his first wife, the mother of appellants, having died before the family left there. The legal title to the real estate in controversy is in the name of Ida M. Clester, the second wife, and the other appellees are children of the second marriage.

It is the claim of…