Bachscheider v. Bachscheider

This is an action in partition. The plaintiff alleges that she is the owner of an undivided one-third interest for her life time in the premises described.

The defendants own the entire fee simple title, subject only to the plaintiff’s life estate. They have demurred to the plaintiff’s petition on the ground that the owner of a life estate in an undivided interest is not entitled to maintain an action in partition.

Section 12026, General Code, provides that,

“Tenants in common and coparceners, of any estate in lands, tenements, etc., may be compelled to mafee or suffer partition.”

It seems to the…