Behler v. Kunde

PARKER, J., pro tem.

Plaintiff commenced an action to secure a decree compelling the specific performance of a contract of partition entered into between plaintiff and defendant Arthur Kunde. The remaining defendants are fictitious persons and upon the opening of the trial the action was dismissed as to these.

The parties hereto, plaintiff' and defendant, on July 31, 1923, purchased certain parcels of land and held and farmed o the same as tenants in common until on or about May 19, 1925. On this last date they agreed to partition the property so held by them and in pursuance of this agreement…