Delnero v. Serra

This is a motion for summary judgment. The plaintiff seeks the partition of certain real estate formerly held by the plaintiff, John Delnero, and the defendant, Mary Serra, then Mary Delnero, as tenants by the entirety. The plaintiff and Mary Serra, formerly Mary Delnero, having been divorced in 1946, the property is now held by them as tenants in common. The answer sets up as a bar to partition an alleged agreement by the plaintiff not to seek partition. It also charges that the defendant, Mary Serra, made large disbursements for taxes, insurance and for the upkeep of the property.

In the…