HOLLAND, Justice.
Plaintiff in error, Acker, as plaintiff, filed a petition in partition of three lots, with certain exceptions, in block twelve, Sumner's Addition to Denver, alleging that he and the defendant Johns were tenants in common and that the defendant was wrongfully appropriating the most valuable part of the property to his own use by constructing buildings thereon without the permission of plaintiff and over his objections; that he had wrongfully excluded...
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