Pascall v. Smith

Frank Holt, Justice.

The appellant and appellee were divorced in 1965. In 1975 appellee brought this action to quiet title to certain real property, which they have owned as tenants by the entirety before and since the divorce. Appellee based his claim on adverse possession and, in the alternative, sought a partition and sale of the property. Appellant counterclaimed for partition and sale. The trial court, after hearing evidence on the issue to quiet title only, overruled appellant’s demurrer to the evidence. We dismissed appellant’s appeal without prejudice, because there was no appealable…