Unsel v. Meier

MONTGOMERY, Judge.

Plaintiffs brought this action seeking partition in kind of certain real estate in New Madrid County. Foñowing a rather extensive hearing, the trial court entered an interlocutory judgment which ordered “that partition in kind be had herein” and allowed the attorneys a time period in which “to submit names of proposed commissioners.” Defendants appeal, contending that the trial court erred in ordering partition because Plaintiffs faded to plead or prove the necessary grounds for partition of real estate devised for life and then to the bodüy heirs of the life tenants.

Plaintif…