Sterling v. Sterling

This is a suit for the partition of real property. The complaint alleges that “plaintiff and defendants are the owners as tenants in common” of the property sought to be partitioned, that they each own an undivided fourth thereof in fee, and that plaintiff is desirous of having his portion set off to him so that he may occupy and use the same separate from the defendants. A demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of suit being overruled, the defendants answered, denying the plaintiff’s title, and for an affirmative defense alleging,…