Pigeon River Lumber Co. v. McDougall

Two actions in partition were tried together. The court found that partition in kind was to the prejudice of the owners, and that the best interest of all required the lands to be sold. From the order refusing to modify the findings or grant a new trial the defendants appeal.

The lands involved are bounded on the north by Pigeon river, except as hereinafter noted. The one action concerns two fractional government lots less than 80 acres in area, namely, lots 1 and 3 in section 19, T. 64, R. 6, plaintiff being the owner of an undivided two-thirds, and defendants McDougall the one-third. Lot 1…