Elbert, Ltd. v. Federated Income Properties

Defendant appeals from an interlocutory judgment in an action for the partition of real property.

This suit for partition was filed by plaintiff corporation in September, 1950, as tenant in common with defendant corporation of an undivided one-half interest in a vacant lot located in the county of Los Angeles. Defendant’s answer admitted that it claimed an interest in the property but alleged it had expended certain sums for the common benefit and prayed that it be awarded this sum from the sale of the property, plus a reasonable attorney’s fee, in addition to its one-half share of the net…