Hazelbaker v. Reber

The opinion of the court was delivered by

Dawson, J.:

This appeal presents the question whether the spouses of tenants in common of real property are necessary parties in an action to partition it.

It appears that the parties to this proceeding are Mary Hazel-baker, Ina Reber, Cornelius Reynolds and George W. Reynolds, and that they are tenants in common of a tract of land in Linn county. It does not appear (and it is immaterial) whether their common ownership and title vested by deed or by inheritance. Mary and Ina are married women and their husbands are living. Mary, as plaintiff, brought the…