Horstman v. Ritter

The question raised by the demurrer to plaintiff’s petition goes to the right of an assignee in trust for the benefit of creditors, who takes title for the purposes of his trust of an undivided interest in real estate, tc maintain an action in partition. The petition is framed in the usual form under the code, with the additional allegation that “the court of insolvency of this oounty has authorized and approved the bringing of this action in partition as for the best interest of the estate.”

Such doubts as may arise of the propriety of the proceeding growing out of the nature of a conveyance…