Doescher v. Powers

STOKER, Judge.

Defendant, William Powers, appeals from a judgment of the trial court ordering a partition in kind of property owned in indivisión by himself and his sister, Gloria Doescher. Mr. Powers argues on appeal that the trial court erred in finding the property susceptible of division in kind and in forming the lots to be drawn by the co-owners. We agree and reverse the judgment of the trial court.

Mrs. Doescher and Mr. Powers each own an undivided one-half interest in the property subject to the partition which consists of approximately 44.22 acres. Mrs. Doescher originally sought a…