Butler v. Butler

Opinion by

Mr. Justice Allen M. Stearne,

May a disputed legal title to real estate be settled in a partition proceeding? The learned court below without considering this question ruled upon such a title. An appeal upon the merits is now before us.

Fay L. Butler, the plaintiff, instituted an action of partition in equity against Frank C. Butler, defendant, who was her divorced husband. The parties were married on July 31, 1936 and lived together until March, 1944 when plaintiff left defendant charging him with abuse and ill treatment. The wife instituted an action in divorce in April, 1946. In…