Bennett v. Bennett

Knutson, Justice.

Plaintiff and defendant Lillian Helen Bennett are divorced husband and wife. The subject matter of this litigation constituted their homestead at the time they lived together and involves the same property as that involved in Bennett v. Johnson (No. 35,044) 230 Minn. 404, 42 N. W. (2d) 44, filed herewith. The instant action was brought by plaintiff for partition, it being his claim that he and his former wife are the owners of the property as joint tenants, subject to certain encumbrances that appear of record.

Since Lillian Helen Bennett is the only defendant who answered and…