Geary v. Kirksey

Jim Johnson, Associate Justice.

This is an appeal from a Chancery Court Decree ordering partition by sale of certain lands in Baxter County.

The appellant makes two contentions: (a) The trial court erred in overruling a motion to dismiss appellees’ complaint; (2) The evidence did not justify a partition by sale.

Appellants’ first argument is based upon an assertion that the appellees had no title and therefore could not maintain the action. This contention is bottomed upon provisions of a contract for the sale of an undivided one-half interest in the lands by persons who are the common source of…