Leake v. Casati

This appeal from a decree of sale in a partition suit presents the question whether a chancellor, in deciding whether the land may conveniently be partitioned in kind, is controlled by the provisions of local ordinances regulating the subdivision of land.

The land in question is a long, narrow, irregularly shaped tract containing approximately 190 acres, lying east of Charlottesville. Its southern boundary is the Rivanna River, and its only access to the state highway system is 25 feet of road frontage at its northeast corner. The tract is a mixture of woods and farm land and contains a large…