FLANNERY, J., for the court en banc, February 6, 1959.
Plaintiff's complaint states a good cause of action. It avers that the two parties, plaintiff and defendant, are owners of a parcel of land, there described, as tenants in common, that no person other than the two has any interest and that it is in the possession of plaintiff. He asks partition and such other relief as may be appropriate.
Defendant filed preliminary objections raising two matters: (1)...
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