Pabst Brewing Co. v. Melms

The plaintiff brings an action for the partition of real estate, alleging ownership in fee of an undivided one seventh thereof, and a life estate for the life of another in the remaining sis sevenths; also, that each of the six defendants owns an undivided one seventh in fee, subject to such life estate. A general demurrer to the complaint was sustained, and the plaintiff appeals.

The demurrer was rightly sustained. Our statute provides (sec. 3101, Stats. 1898): “ All persons holding lands as joint tenants or tenants in common may have partition thereof by civil action in the manner provided…