Messerole v. Messerole

BROWN, Justice.

Appellant and appellee are brothers and own jointly the land in controversy.

Appellee brought suit against appellant to enforce a partition of the lands, consisting of city property and improvements, *190and to adjust the equities between the owners.

The petition contains three counts: (1) on a promissory note executed by appellant and secured by a lien on the property, (2) on payment by appellee of the paving assessment against the property, and (3) on payment by appellee of accrued taxes; together with foreclosure of the liens declared upon.

The appellant answered by way of demurrer…