Williams v. Williams

Defendant, brother of and cotenant with plaintiff in certain real property, appeals from an interlocutory decree determining the respective interests of the parties, directing partition and appointing three referees to report thereon, entered on order granting plaintiff's motion for summary judgment.

The complaint alleges that plaintiff and defendant are cotenants in real property located at Fourth and Spring Streets in the City of Los Angeles upon which is located lessee Bank of America under a lease dated April 1, 1953, ending March 31, 1973, and that the property cannot be divided and partition made without great prejudice to the owners; and prays for a sale of the property and division of the proceeds. In his answer defendant, admitting that he is a tenant in common with plaintiff in the real property in question, *646 specifically denies 1 ‘ that said property cannot be divided and partition made thereof without great prejudice to the owners thereof”; alleges “that a partition in kind could be decreed . . . [and] This particular real estate and improvements are very susceptible to an equitable, and, under the circumstances of this case, also a very beneficial partition in…