Colby v. Colby

This is an appeal from a decree establishing ownership of certain property in plaintiff Margaret Colby and defendant Phyllis Colby, descendants of the original grantee, as against the other defendants who are descendants of the original grantor, and ordering sale of the property and division of the proceeds between plaintiff Margaret Colby and defendant Phyllis Colby. We reverse and remand for further proceedings.

This case began as an action for partition brought by Margaret Colby, as plaintiff, against her sister, defendant Phyllis Colby. The Colbys held title to the subject property as…