Zimmerman v. Marsh

Justice MOORE:

This action arose when respondents (Zimmermans) sought the partition of a parcel of property they jointly owned with petitioner (Marsh). The master-in-equity found partition by allotment was not feasible and ordered a judicial sale of the property. The Court of Appeals affirmed in an unpublished opinion. Zimmerman v. Marsh, Op. No.2003-UP-662 (S.C. Ct.App. filed November 17, 2003). We reverse and remand.

FACTS

In 1991, Marsh and Walter Berg acquired a beach house, as co-tenants, for $110,000. During their ownership, the beach house was rented out during the summer season and…