Hurst v. Hall

Plaintiff instituted this suit seeking partition in kind of her one-fourth interest in a tract of land owned by plaintiff, her sister, and her two brothers as tenants in common. The trial court, finding that the land could not be divided equitably, denied plaintiffs request for partition in kind. The court instead ordered defendants to pay plaintiff one-fourth of the value of the land and plaintiff in return to convey her interest to defendants. Plaintiff appeals, contending that partition in kind should have been allowed. We agree and reverse.

The property at issue consists of a tract of…