Eakin v. Knabe

The action is for the partition of certain real property in which the plaintiff claims an interest as tenant in common. He alleges that he inherited this interest from John B. Ealdn, whom he claimed was his father. The plaintiff’s right as the heir-at-law of John B. Ealdn was disputed, and the issue was framed and submitted to the jury for a special finding, as follows: “ Q. Was the plaintiff the only son and legitimate heir of John B. Ealdn, deceased? ” which question the jury properly answered in the affirmative. There remain to be determined the further questions, (1) as to what interest…