Fettig v. Fettig

TEIGEN, Chief Justice.

This is an appeal from an order in a partition action confirming the sale of three and one-half sections of land, sold in parcels. Five of the twenty-two persons owning an interest, by inheritance, have taken this appeal. The appellants contend the court erred when it confirmed the sale because the referee in partition, acting as auctioneer at the sale, varied the court’s terms of sale.

We are met, at the onset, with some practice questions.

Following the sale, the referee made his report of sale to the court. A hearing was held, on notice, and an order confirming the sale…