Hamilton v. Johnson

This suit was instituted as a suit for the partition of real property. It is alleged in the complaint that the respondent, Hamilton, as a community, and the appellant Johnson, a widow, are the owners, as tenants in common, of the property sought to he partitioned; the community, on the one part, and Johnson, on the other, each owning an undivided half thereof. It was further alleged that the property is so situated that partition in kind cannot he made without great prejudice to the respective owners. The prayer of the complaint is in the alternative. It is asked, first, that the property he…