Schmidt v. Frank

STRUTZ, Judge.

The above matter first came before this court on an appeal from a judgment in an action to partition certain real property which the parties held as tenants in common. The judgment thus appealed from partitioned a portion of the land and ordered that the land which was not partitioned be sold.

On such appeal, this court affirmed the trial court’s determination of the interests of the parties and reversed that part of the judgment specifically partitioning the land, and remanded the case with instructions to the trial court to request a report from the referee appointed or to…