D. F. Pitts and Mattie Pitts v. William

Plaintiff below has appealed from an adverse judgment of the circuit court in her action to quiet title to 160 acres of real
property located in Dunklin County, Missouri. Title to real estate being involved within the meaning of Section 3, Article
V, Constitution of Missouri, 1945, we have jurisdiction of the appeal. We will refer to the parties as they appeared in the
circuit court. This action was instituted by D. F. Pitts and his wife, Mattie Pitts. Their petition was in two counts. The first count alleged
that the plaintiffs are owners in fee simple of a quarter section of land situated in Dunklin County and described in the
petition. The petition alleged that the defendants "claim and assert or might claim and assert an interest in or title to
the real estate hereinabove described as descendants and heirs at law of one Fountain E. Pitts and Mariah E. Pitts, his wife,
both deceased, as heirs, consorts, devisees, donees, alienees or immediate, mesne, remote, voluntary or involuntary grantees
of Fountain E. Pitts." The defendants were named in the caption of the petition, but were not otherwise identified therein.