Neumann v. Anderson

Pronschinske and her husband appeal.

ISSUE

Did the district court err by granting the Neumanns' motion to set aside the referees' report, by denying the Pronschinskes' motion to confirm the referees' report, and by determining that the two parcels should be partitioned in kind so that each of the three cotenants owns an equal number of acres of the property?

ANALYSIS

The Pronschinskes argue that the district court erred by setting aside and not confirming the referees' report. Specifically, they argue that the district court erred by not giving deference to the referees' findings and by reasoning…