Callahan

This is an appeal by the plaintiff from the judgment in favor of the defendant in an action to partition personal property.

The property sought to be partitioned is certain oil-well drilling equipment. It is alleged in the amended complaint that plaintiff is the owner of an undivided five-eighths interest in said equipment and the defendant owns the remaining interest. The answer denies plaintiff’s ownership of any interest in the property, alleges title in defendant and as an affirmative defense pleads estoppel.

The facts necessary to a decision of the questions involved are substantially as follows: The plaintiff herein, one Johnston, and two other men were joint adventurers in the drilling of an oil-well known as Herwig No. 11. Plaintiff and Johnston were interested in buying the equipment described in the pleadings for use in the joint adventure referred to. Said equipment was owned by one Charles F. Sawyer, but was subject to an option held by this plaintiff to purchase the same for the sum of $800. The property was at the time of the execution of the note and mortgage hereinafter referred to in the yard of the copartnership, herein referred to as the Coast Supply…