Reed v. Murphy

THE COURT.

This matter is before us upon respondents’ motion to dismiss the appeal. The action is in partition. Plaintiffs, in their amended complaint, allege that the plaintiff G. E. Reed and the defendant T. C. Murphy are the owners as tenants in common of the premises described in the complaint; that the said plaintiff has an estate therein to the extent of an undivided one-half interest in fee, and that the said- defendant has an undivided one-half interest and estate therein, and prays for a partition of the said real property. The answer denies that the plaintiffs, or either of them, own any interest in certain portions of the premises described in the complaint, which portions are particularly described in the answer, and alleges that the defendant T. C. Murphy is the owner in severalty of the entire fee of such described portions. It admits that the said plaintiff and defendant are the owners in common of the remainder of the premises described in the complaint and

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prays that said defendant’s title be quieted to the premises described in his answer, and that the remainder of the premises described in the complaint be partitioned. The cause came on for hearing April 19, 1924, evidence was received, and April 21, 1924, an interlocutory decree was signed and filed, decreeing partition of the premises described in the complaint and appointing referees for that purpose. This decree purports to ascertain and determine the respective rights of the parties in the lands in question as follows:

“Wherefore, it is by the court here ordered, adjudged and decreed that said plaintiff, G. E. Reed, under the purchases from the Southern Pacific Railroad Company and the Southern Pacific Land Company is entitled to all those portions of real property described in the amended complaint herein acquired by him together with his improvements at the date of said purchase, and is seized and possessed of an undivided one-half interest in and to all of the remainder of said property described in said amended complaint except as otherwise specified herein. And that said defendant, T. C. Murphy, under the purchases from the Southern Pacific Railroad Company and the Southern Pacific Land Company is entitled to all those portions of real property described in the amended complaint herein acquired by him together with his improvements at the date of said purchase, and is seized and possessed of an undivided one-half interest in and to all of the remainder of said property described in said amended complaint except as otherwise specified herein.”