Charles S. Weston, Respondent v. Mary R. Stoddard, Impleaded

Summary

The Court of Appeals affirmed the lower court's judgment, holding that a co‑tenant out of possession may maintain a partition action under §1543 of the Civil Procedure Code, that adverse possession of less than the statutory twenty‑year period does not bar such an action, and that the mortgage held by Mary P. Stoddard is a valid lien allowing her to retain possession until redemption. The decision rests on a broad statutory construction of the Code and rejects the view that limited possession defeats the plaintiff's right to partition.