Bolan

Appeal from a judgment entered in favor of the plaintiff. [1] The defendants who are the appellants here demurred to the complaint of the plaintiffs and, their demurrer being overruled, no answer was .filed and the judgment followed as a matter of course. It is claimed here that the court erred in overruling the demurrer. The action was brought to secure a decree for the partition of real and personal property. Sections 752 and 752a of the Code of Civil Procedure (added by Stats. 1919, p. 73) provide for such relief and the latter section provides that “real and personal property may be partitioned in the same actioii.” Appellants particularly insist that their demurrer should have been sustained because the alleged causes of action were not separately stated. It is true that the property sought to be partitioned, both real and personal, was described in the single cause of action alleged in the complaint. However, appellants’ demurrer did not include the ground which is sought to be given effect here. Subdivision 5 of section 430 of the Code of Civil Procedure, which section enumerates the various grounds for demurrer, provides that objection may be taken—“5. That several causes…