Dunn v. Dunn

This action is brought by plaintiff to obtain partition, of sale if partition cannot be had, of real estate owned by Patrick Dunn, the common ancestor at the time of his decease; also to have an assignment of a mortgage covering said property adjudged fraudulent and void. The defendants by demurrer allege that causes of action have been improperly united in such complaint and that there is a defect of parties, both plaintiff and defendant; that the personal representatives of the deceased ancestor are not made parties to the action; that plaintiff has not the legal capacity to sue and that…