Johnson v. Wilson

Mobley, Justice.

The trial court sustained demurrer number 3 to the petition as amended, which demurrer contended that there was a misjoinder of causes of action and parties, and that the petition was multifarious, in that it deals with separate and distinct wills and estates with different executors.

In addition to praying for an accounting, distribution, and final settlement of the two estates, the petition asked for a partition of certain real estate owned as tenants in common by the two estates. While it is contended by the defendants in error that the parties here are not tenants in…