Cassity v. Cassity

The opinion of the court was delivered by

Wedell, J.:

This was a partition suit. Defendants appeal from an order sustaining a demurrer to a certain paragraph of their answer.

The two plaintiffs claim title through a quitclaim deed and contend they are together the owners of an equal undivided one-sixth remainder interest. Defendants represent the remaining five-sixths interest in the land, and urge the interest of plaintiffs is subject to an equitable lien created by an oral agreement.

The answer admitted the following facts contained in plaintiffs’ first cause of action, to wit: J. R. Cassity…