Ventre

These are appeals from an interlocutory decree and from an order denying a new trial in an action for the partition of real property, in which the plaintiff and the defendant Tiseomia as tenants in common claim an undivided interest.

The defendant Tiscornia answered, and joined in the plaintiff’s prayer that the property be partitioned in accordance with their respective interests, but by way of cross-complaint claimed that he had expended certain sums of money in the preservation and improvement of the common property, for which sums he sought judgment against the plaintiff as an incident of the partition.

The plaintiff answered, and denied the allegations of the cross-complaint concerning the claim for moneys expended in the preservation and improvement of the property; and in that behalf, after pleading the statute of limitations against such claim, alleged that whatever moneys said defendant had expended in or about the land sought to be partitioned were expended by him for his individual use and benefit and not for the common benefit of plaintiff and said defendant.

The undisputed facts of the case as disclosed by the evidence are these: The land in controversy, consisting…