Hart v. Hart

Miller, Judge.

The issue presented is whether in a statutory partitioning of land, the court erred in granting the partitioners authority to hire a timber cruise1 to assess the value of timber. We discern no error and affirm.

Two brothers, E. R. Hart, Jr. and Charles H. Hart, together own approximately 680 acres of land. Charles (the plaintiff-appellee) owns an undivided three-fourths interest in this property, and E. R. owns an undivided one-fourth interest. Two previous attempts to partition the land were unsuccessful, and a third set of partitioners was selected. In instructing the…