Martin v. McCabe

[498]

ELLISON, J.

This actionby appellant was started under

Sec. 1684 1 as a suit to determine title to the land described in the margin, 2 which for brevity we hereafter refer to as a “tract”. It wound up with the concession that the defendant-respondent owned an undivided half interest therein; a prayer for partition; and the assertion by appellant of an equitable claim and lien against respondent’s said half interest in the sum of $12,000, this being one-half the amount expended by appellant in placing improvements on the land and discharging tax liens thereon,' in alleged good faith and…