Davis v. Butler

MADDOX, Justice.

On March 24, 1988, Terry Perkins, as guardian for Millie Gray Turner and Gra-cile Lake, filed a complaint requesting that a 101-acre tract of land be sold for division of the proceeds; Turner and Lake owned the land as tenants in common with John M. Davis, Jr. Davis answered the complaint with a request that the land be partitioned rather than sold. After a hearing, the trial court found for the plaintiffs and ordered the land sold. Davis appealed.

It is an established rule that when a trial judge hears ore tenus evidence, as is the case here, his decision is presumed to be…