Doty
Doty v. Doty
Opinion
Opinion
Hanson, J.
Introduction
Defendant Harriet Ann Doty, also known as Harriet Ann Tullgren (hereafter Harriet Tullgren), appeals in this proceeding for partition of real property brought by plaintiffs Russell Doty and Carol Ann Doty against defendant Robert Alvin Doty and defendant (appellant) Harriet Tullgren. The appeal is presented solely upon a clerk’s transcript.
The Case
Chronologically, the record on appeal reflects the following:
July 13, 1972: Complaint for partition of real property was filed by plaintiffs Russell and Carol Ann Doty against defendants Robert Alvin Doty and Harriet Tullgren. Among other things, the complaint alleges (and defendant Tullgren’s answer admits) that the parties own an undivided 'A interest each as tenants in common in lots 5, 6, 13, 14, 15, 36 and 40 in Division D, and lot 28 in Division A, Pomeroys Resubdivision a part of Los Berros Tract, San Luis Obispo County, California. Partition was sought.
August 17, 1972: Defendant Tullgren filed her answer to the complaint which in effect admitted the need for partition, made certain counter allegations and sought counsel fees and costs for herself instead of for plaintiffs.