DEVIN, Chief Justice.
The single question presented is whether in answer to a petition for partition one tenant in common may set up claim for amounts expended to remove an encumbrance on the common property.
The court below overruled the plaintiff's demurrer to the answer on this point, and in this we concur.
Petitions for partition are equitable in their nature, and the court has jurisdiction to consider the rights of the parties under the principles...
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