Allen v. Wilhelm

STEPHENSON, GUNTER, Associate Judge.

Appellant, as plaintiff below, filed an action for partition and sale of certain realty that she and defendant had acquired and occupied as man and wife as their home. The defendant at the time said title was acquired and until after the complaint was filed had a living undivorced spouse. Plaintiff contends for a tenancy in common in said real estate by way of contribution, or, in the alternative, by gift.

The defendant admits the execution and delivery of the deed conveying the property to the defendant and to the plaintiff as his wife. He denies gift to or…