Jurdak v. Figueroa

In this action to partition real property, plaintiff moves under rule 109 of the Pules of Civil Practice to strike out a defense of insufficiency of defendant Figueroa, and under rule 112 for judgment on the pleadings.

The complaint is framed on the theory that the real property in question was conveyed to the plaintiff and defendant Figueroa as tenants by the entirety on October 8, 1951; that the parties were not married to each other and never have been; and that the conveyance accordingly resulted in a tenancy in common of the property, of which a partition is accordingly sought (Perrin v.…