Drew v. Drew

1. Equity has jurisdiction in eases of partition, whenever the remedy at law is insufficient, or peculiar circumstances render the proceeding in equity more suitable and just. Civil Code (1910), § 5355. Accordingly, whore the land is sought to be partitioned in an equitable proceeding in which both plaintiff and defendant have notice, and also notice of the appointment of commissioners who make their return, and the return is made the judgment of the court with knowledge of both parties to the proceeding, it is too late, after the decree making the return of the commissioners the judgment of…