Acker v. Johns

Plaintiff in error, Acker, filed a petition in partition of three lots, with certain exceptions, in block twelve, Sumner’s Addition to Denver, alleging that he and the *337defendant Johns were tenants in common and that the defendant was wrongfully appropriating the most valuable part of the property to his own use by constructing buildings thereon without the permission of plaintiff and over his objections; that he had wrongfully excluded plaintiff from the occupancy of that portion of the property and that defendant had benefited from this use and was liable to plaintiff for his portion…