Jaegling

Plaintiffs appeal from a judgment following an order sustaining defendants’ demurrer to their amended complaint without leave to amend. The complaint purports to state a cause of action to quiet title and deals with the rights of adjoining land owners.

The allegations in the complaint are as follows: Plaintiffs are the owners of a twenty-live foot sand lot on Lake Street designated as lot A. Defendants own the twenty-five foot sand lot called lot B, immediately east and adjoining lot A. No buildings have ever been erected on either lot. Plaintiffs, as owners of lot A, have “an interest’’ in lot B to the extent of a right defined by specifications of plaintiffs’ rights as abutting land owners to defendants. In stating defendants’ alleged adverse claim the complaint alleges that defendants “claim that these plaintiffs have no right of any kind in said parcel B and that they, said defendants, own said parcel B free and clear of all interest of the plaintiffs therein to said lateral and subjacent support and abutment right.’’

The prayer is that it be decreed that plaintiffs or their successors have a perpetual right in parcel B to the extent of lateral and subjacent support of the…