Wright v. Mallett

Opinion

HENNESSY, J.

The issue before us involves the division of proceeds from a partition sale of real property *790that originally was purchased by the defendant and subsequently held by the plaintiff and defendant in tenancy in common. The trial court determined that the plaintiff did not have an equitable or financial interest in the property because he did not pay for his one-half interest, nor did he prove by a preponderance of the evidence that his one-half interest was a gift from the defendant. On appeal, the plaintiff claims that the court’s determination was improper because (1) there…