Michael v. Sphier

The defendant challenges the plaintiff ’s right to a partition. 20 Stand. Ency. of Proeed., p. 1005, defines “partition” thus:

“Partition is the act or proceeding by which co-owners of property cause it to be either divided into as many shares as there are owners, according to their interests therein, or, if that cannot be equitably done, to be sold for the best obtainable price and the proceeds distributed.”

In Clark v. Richardson, 32 Iowa, 399, this subject was at issue, and the court, in the following language, stated its view as to the purpose of partition:

“The object of the action of…