Denton v. Fyfe

The opinion of the court was delivered by

Smith, J.:

This was an action of partition brought in the court below by one tenant in common against her cotenants. The real estate in controversy con*2sists of several tracts of land which, at the commencement of the action, were in the possession of defendants below. The petition contains no demand for possession. The question arises on these facts whether the action can be maintained. In Scarborough v. Smith, 18 Kan. 399, it was held that in such actions there may properly be joined a claim for possession. The question presented seems not to have been…