Duncan v. Sanders

This was a proceeding to obtain partition and the assignment of dower in certain lands held in common by the parties. The commissioners having reported that the lands were not susceptible of partition, a sale was ordered. The sale having been made, on the coming in of the master’s report, exceptions were taken, and a motion was made to set aside the sale. On hearing the evidence in the court below, the motion was allowed and the sale set aside, and another sale ordered.

To reverse that order, the case is brought to this court on appeal, and errors assigned on the record.

It appears that the…