Smith v. Siblich

Beckwith, Ch. J.

This is an. action for the partition of lands situated in this city.

The issue of law presented for our consideration is raised by a demurrer interposed to the complaint by Peter Grasz, one of the defendants. The objection specified is “ a defect of the parties to the action,” and the particular defect pointed out is that D. Gr. Jackson, mentioned in the complaint, is not made a party.

There is an allegation in the complaint that Michael Strick at a date mentioned conveyed by deed all his interest in the premises sought to be partitioned to his son, Andrew Strick, “ subject,…