Bender v. Stewart

Newcomb, C.

This was an action for the partition of real estate, in which the appellee was plaintiff and the appellant was defendant. The complaint alleged that the plaintiff and defendant were tenants in common, in equal portions, of the real estate described ; that the defendant, on the 28th day of February, 1873, purchased a tax certificate •of the sale of said land for delinquent taxes, had February 7th, 1870 ; that at the time defendant purchased said certificate he had in his hands money for the rents and profits derived from said lands with which to pay said taxes, and all Subsequent…