Harrington v. Goldsmith

The plaintiff seeks herein a partition of a tract of land in the county of Santa Cruz, alleging in his complaint that he is the owner of an undivided two thirds thereof, and that the defendant is the owner of an undivided one third thereof. The defendant in his answer denied that either the plaintiff or himself was the owner of any part of the land, and asked that the action be dismissed. The court found in accordance with the claim of the plaintiff, and made an interlocutory decree accordingly. The defendant has appealed.

The patent from the state of California, which included the lands in…