Crusaw v. Crusaw

Appellants appeal a final judgment ordering the sale of real property, asserting that the lower court erred by not ordering the property’s partition, as the parties requested. Because the statutory prerequisites for the lower court’s action were not satisfied, we reverse. -

Background Facts

In 2007, Appellants John Crusaw and Bertha Loper, two of the twelve children and heirs of Annie E. Crusaw, sued Appel-lees Henry Crusaw and O.C. Crusaw and other heirs, requesting that 160 acres of land the deceased held via a life estate be partitioned and an accounting of rent and profits since the death…