Seawell v. Seawell

A tenant in common is entitled, as a matter of right, to a partition of the land to the end that he may have and enjoy his share therein in severalty, unless it is made to appear that an actual partition cannot be had without injury to some or all of the interested parties. G.S. 46-22; Hyman v. Edwards, 217 N.C. 342, 7 S.E. 2d 700; Talley v. Murchison, 212 N.C. 205, 193 S.E. 148; Foster v. Williams, 182 N.C. 632, 109 S.E. 834.

The burden is on him who seeks a sale in lieu of actual partition to allege and prove the fact upon which the order of sale must rest under the terms of G.S. 46-22,…