Beebout v. Beebout

OPINION

WILLIAM J. FLEMING, Judge.

This appeal challenges a district court order directing partition by sale of 320 acres of substantially unimproved farmland. We reverse and remand.

FACTS

The farmland in question fully occupies two equal quarter sectors, diagonally adjacent to one another. Eleven parties co-own this property. On October 1, 1988, the respondents, together owning a 40% interest, brought suit for a sale of the property and division of the proceeds. The appellants, together owning a 60% interest, sought dismissal of the action or, alternatively, physical division of the land into…