Nash v. Frank

The plaintiff and the individual defendants’ testamentary devisor Louis Frank, uncle and nephew, respectively, were tenants in common of the three parcels of real property in suit. In this action for partition the single issue is whether or not there was an agreement which operates to defeat the plaintiff’s right to relief.

The answer originally pleaded a general denial and an affirmative, rolled-up defense of estoppel based upon an alleged partnership coupled with an agreement which would prohibit partition. The plaintiff moved for judgment on the pleadings which was denied on the grounds…