Kirkpatrick v. Lewis

Mitchell, J.1

This was originally commenced as an action for partition, the plaintiff alleging that he was the owner of one undivided half, and the defendant Martha E. Lewis the owner of the other undivided half, of the lot in controversy; that said Lewis had executed a mortgage on her half to one Ransom, who had assigned it to plaintiff, who had foreclosed it under a power, and himself become the purchaser at the mortgage sale; also that the defendants were in possession of the whole property. The relief prayed for was that a partition be made, or, if it could not be made, that the property…