Murphy v. Daley

Daniel J. Murphy appeals from a decision and order entered by the Superior Court (Androscoggin County, Alexander, J.) following a non-jury trial in a real estate partition action. We find no merit in any of Murphy’s contentions on appeal and we affirm.

Partition of jointly held property is available through the equity jurisdiction of the Superior Court. 14 M.R.S.A. § 6051(7) (1980); Libby v. Lorrain, 430 A.2d 37, 39 (Me.1981). Equitable partition is a more flexible procedure than a civil action for partition, 14 M.R.S.A. § 6501 (1980), and may be carried out by physically dividing the property…