Steele v. McKinney

This is an appeal from an order entered in a partition suit in the Circuit Court of McDowell County. The appellants contend that the circuit court erred in granting partition of the subject property without hearing their objections to the boundary line used. We agree that the appellants are entitled to a hearing and we remand the case with directions that such hearing be conducted.

The appellants in this proceeding were the plaintiffs below. In 1979 they brought suit to partition a tract of land containing sixty eight and one-half acres located on Burke Mountain in McDowell County. All of the…