Goodfellow

The appeals which are here presented have been taken by the plaintiff and by one of the defendants, personally and as administratrix of the estate of her husband, who was originally named as a defendant and who died during the pendency of the action, from the modified judgment rendered by the trial court.

Plaintiff’s third amended complaint contains two causes of action. By the first cause of action it is sought to quiet plaintiff’s title to certain real property therein described. By the second cause of action the equitable remedy of reformation is sought to be applied to the deed whereby the real property described in the first cause of action was conveyed to plaintiff by defendant Susie F. Barritt and her husband, R. T. Barritt, since deceased.

A demurrer which was interposed by the defendants to the second cause of action was sustained by the court without leave to amend. The court’s order sustaining the demurrer and the effect of this action as reflected in the court’s modified judgment furnish the principal complaint voiced by plaintiff on his appeal. This objection will be first considered.

It is alleged in the second cause of action in plaintiff's third amended…