Roeder v. Fouts

The opinion of the court was delivered by

Anders, C. J.

Appellant brought this action in the superior court of Whatcom county to obtain a decree of partition of a certain tract of land containing about eight acres, situated in the city of New Whatcom. He alleges in his complaint that he is the owner of an undivided one-third part of the premises, and that the respondents are the owners of the remaining two-thirds thereof. The respondents deny that the appellant has any interest whatever in said land, and allege ownership in themselves of the entire tract.

Both parties claim title through one…