Jones v. McCollen

Plaintiff filed his second amended complaint to set aside a certain trust deed, to obtain partition of the real estate described therein and for an accounting for the rents, issues and profits therefrom. The trial court dismissed the suit on the ground that the amended complaint does not show a partitionable interest in the real estate, that the plaintiff does not allege a lack of adequate remedy at law in seeking his accounting, and that the complaint failed to state a cause of action. The suit was dismissed with prejudice at plaintiff’s cost. From this judgment order, plaintiff appeals.

On…