O'Hanlon

The only question presented by this case is, whether the complaint stated a cause of action when tested by a general demurrer. The court below held that it did not, and gave judgment for defendant, from which the plaintiff has appealed. The facts stated *61 in the complaint are in substance as follows: The plaintiff and defendant were “in the actual possession as joint owners and tenants in common of all the possessory rights and improvements upon” certain lands described by legal subdivisions according to the government surveys. The improvements consisted of “ dwelling-houses, the clearing of a portion of the land of scrub-oaks and other wild shrubbery, constructing roads leading to and upon the land, planting grape-vines thereon, and other improvements, all of which weré made by plaintiff and defendant as such joint owners and tenants in common.” While the parties were such owners, and so in possession of the premises,- they mutually agreed that plaintiff should, and he did, “ relinquish, sell, and assign to defendant all his right, title, and interest in and to said possessory claims, possession, and improvements”; and in consideration therefor the defendant agreed to pay…