TRI-COUNTY CENTER TRUST v. Martin

Defendants appeal from a judgment directing the partition by division of real property that the original parties held as tenants in common. The issue presented on appeal is whether real property that was owned by one of the original cotenants and his wife and that adjoined the partitioned property could be considered in assessing the potential use and value of the partitioned property in order to divide the property between the cotenants equally. Defendants contend that the adjoining property should have been considered in making the division by assigning a plottage value to the portion of…