McWilliams v. Morton

It is true that the appellant James Morton, as he asserts in his demurrer to the amended complaint, has no interest in the real estate described therein which could be partitioned. His recorded encumbrance was by its terms fastened only upon the moiety of the real estate owned by the defendant Clara L. B. Morton, and his interest in the property is confined within her moiety and is identical with her individual interest. She continued as cotenant to be the owner of her interests, and the other cotenants’ rights to a partition of the real estate were not disturbed by James Morton’s…