Schowe v. Kallmeyer

The defendant appeals from an interlocutory decree in partition. The assignments of error go to the point that the trial court erred in striking out a part of appellant's answer and in refusing to charge the plaintiff-respondent with his share of taxes and improvements on the land involved, and one other item, the outlays therefor having been made by appellant over a series of years while in ignorance of respondent's outstanding interest. The respondent's defense, in brief, was that in expending moneys for the above purposes the appellant acted as a mere volunteer, or while holding possession…