Matthews

I do not think that the complaint avers that - plaintiffs have been in possession of the land in contest since the execution of the deed,, On the contrary, I think there is a marked attempt to avoid making such an averment. And that being so, it follows clearly that the alleged cause of action- was barred long before the suit was commenced. I think that the judgment should be affirmed.

This case was affirmed on a former hearing, and a rehearing granted. The only question in the case is as to the sufficiency of the complaint. The complaint seems to have been regarded and. treated by the parties, by the court below, and by this court on the former hearing, as one to correct a mistake in a deed conveying real estate. So treated, the complaint was clearly bad, on the grounds stated in the former opinion. But on further consideration, and by sorting out a few simple and proper allegations from a mass of irrelevant and surplus matter that never should have been in it, and which has only tended to confuse the real questions involved, and which has so far resulted in the appel *121 ¡ants’ defeat, we have concluded that while the complaint is bad as one to correct a mistake, it states facts sufficient to constitute a cause of action, to quiet title. If attorneys could be induced to plead, as required by section 426 of the Code of Civil Procedure, by stating “the facts constituting the cause of action in ordinary and concise language,” instead of loading their pleadings with a detailed history of their case and the evidence by which their cause of action is to be…