Vanderwerken v. Marks

The opinion of the court was delivered by

Thiele, J.:

This was an action in ejectment and for partition, and is here on plaintiff’s appeal from an order striking out .parts of an amendment to her petition. The defendants have a cross appeal on account of the court’s ruling on their demurrer to the petition and amendment thereto.

The original petition, filed January 5, 1931, contains two causes of action: In the first, plaintiff alleges her residence, that she is the owner and entitled to the possession of an undivided one-half interest in certain described real estate, and that the defendants…