Johnson v. Burns

The opinion of the court was delivered by

Smith, J.:

This is an action for the partition of real estate. Judgment was entered for plaintiff. One of the defendants has appealed.

The facts are not involved. The petition alleged that the plaintiff and defendants were the owners of undivided interests in certain described real estate in Rice county, and that the defendant who has appealed from the judgment was the owner of an undivided one-half interest in it. Allegations were made about mineral conveyances and a mortgage upon the land, with which we are not now concerned. The prayer was that a…