Smith v. Norton

In plaintiff’s action for partition of real estate commissioners were duly appointed who made report that the land could not be divided among the various owners thereof, or that partition in kind could not be made without manifest injury to each of the parties owning interests therein, and they reported their appraisement of the fair value of the land involved.

Plaintiff, the undisputed owner of an undivided one-half interest in the land, preferred partition in kind and filed her objections to the commissioners’ report. One of the three commissioners was of the view that the land might be…