Fry & Co. v. District Court Ex Rel. County of Adams

LOHR, Justice.

This original proceeding under C.A.R. 21 stems from an action for partition of real property brought by the personal representative of the estate of a decedent, Roxy Pomponio, seeking division of the property, by sale or in kind, among the cotenants. See sections 38-28-101 to -110, C.R.S.1973 (1982 Repl.Vol. 16A). On application of the petitioners, who were cotenants with Roxy Pomponio in four parcels of real property prior to his death, we issued a rule to show cause why all persons having interests in the real property under Pomponio’s will should not be named as defendants…