Roberts v. Barlowe

PeR Cubiam.

Proceedings for partition are equitable in nature, and in a suit for partition a court of equity has power to adjust all equities between the parties with respect to the property to be partitioned. A sale for partition may be ordered and the rights of the parties adjusted from the proceeds of the sale. Henson v. Henson, 236 N.C. 429, 72 S.E. 2d 873. See also 14 Am. Jur., Cotenancy, ss. 43-46, pp. 109-113; 68 C.J.S., Partition, a 136, pp. 212, 213.

Since the court below made no order affecting the distribution o-f the proceeds of the sale, the judgment directing a sale of the lands…