48 Ind. 151 | Ind. | 1874
This was a petition for the partition of real estate, which, it is alleged, cannot be divided, by the appellees against the appellants. The defendants answered, admitting the facts stated in the petition, and setting up a claim against the appellee Elizabeth Holzner for rents received by her. They also filed a cross petition, admitting the facts in the original petition and demanding partition and an account of rents. The petitioners demurred to the answer and cross petition, and their demurrers were sustained. The petitioners then, by leave of the court, dismissed their petition. The defendants then asked leave to amend their cross petition, which was refused.
We are not able to see any error in this proceeding. The dismissal of the original petition carried with it the cross peti
The judgment is affirmed, with costs.