Sanford v. Getman

Clark, J.:

This action was brought to partition the real property described in the complaint, plaintiff claiming the right of curtesy in an undivided one-half of said premises, of which it is his contention his wife died seized as a tenant in common with the defendant.

Defendant by her answer denied that plaintiff’s wife died seized of an undivided one-half interest in the said property, and also denied that there was a child bom alive to the plaintiff and his wife, and denied that plaintiff has a right to curtesy in said premises.

*368As a separate answer to the complaint defendant alleged that the…