Woods v. Woods

WOODARD C. TIPTON, Special Commissioner.

The only question presented is whether or not the court should have adjudged the realty partitioned instead of adjudging it indivisible. The appellants seek to have the 60 to 68 acres of mixed mountain and bottom land partitioned into seven tracts.

The law is settled in Kentucky that where land is owned by two or more parties the land should be partitioned rather than sold and it will be sold only when the property cannot be divided without materially impairing its value, or the value of the plaintiff’s interest therein. KRS 389.020(1) (b).

The burden of…