Baskins v. Krepcik

I respectfully dissent.

I accept the statement of the majority that the parties here are common owners of a vested remainder in the land involved.

The majority hold that independent of statute a suit in partition may not . be maintained by one whose undivided estate is in remainder only. It is also held that it was the rule at common law and under the English statutes that estates of remainder could not be divided *49by proceedings for compulsory partition. I accept those two holdings. The reason is obvious. A remainderman does not have a right of possession.

The majority hold that when the…