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This is an appeal from a judgment of dismissal entered after an order sustaining a demurrer to the amended complaint without leave to amend.

The property involved in this action is 240 acres of land in Hanson County, South Dakota. It appears in the amended complaint that in its final decree made on the thirty-first day of March, 1917, the County Court of Hanson County, South Dakota, distributed this property to the defendants in accordance with the provisions of a will. Apparently the jurisdiction of the court or the validity of the decree was never questioned until the nineteenth day of November, 1929, when the plaintiff filed his original complaint herein. The plaintiff now contends that in ae cordance with the provisions of the will this property should have been distributed to him.

One of the several grounds of the demurrer was that the trial court had no jurisdiction of the subject matter of the action. We think the ruling of the trial court in sustaining the demurrer without leave to amend on the ground that it had no jurisdiction of the subject matter of the action was correct. “Lying at the very base of the controversy, and first to be decided, is the validity of the…