Sawyer v. Vermont Loan & Trust Co.

Root, J. —

This action was commenced for the partition of certain real estate and for an accounting as to the rents and profits thereof. Respondent alleges, that she owns an undivided three-fourths, and the appellant an undivided one^ fourth, of said property; that appellant ousted respondent from the possession thereof, and appropriated the entire rents and profits to its own use, and has not accounted therefor to respondent. Appellant denies respondent’s title, and alleges, as affirmative defenses, foreclosure proceedings, adverse possession, seven years’ payment of taxes, and no joinder of…