Shaw v. August

I concur in reversal.

Neither by motion nor answer has defendant appellant challenged the jurisdiction of the court to decree partition. He stipulated that a receiver be appointed. The court ordered the receiver to discharge the lease upon the payment of $15,000 in settlement. This appeal is from the latter order only. I express no opinion upon the jurisdiction of the court to decree partition.

Partition proceedings are statutory and not .within the general or ordinary jurisdiction of courts of chancery. Francis v. Ford Motor Co., 243 Mich. 117; Eckhardt v. Dompier, 250 Mich. 91. The action of…