Karen Wynkoop v. Gerard Stratthaus

Eaton, J.,

¶ 45. concurring. I concur with the outcome reached by the majority, and agree with its analysis of the issues, except as to the applicability of 12 V.S.A. § 5161. Despite its lengthy analysis of statutory partition, the majority appears to rely upon equitable, not statutory, partition to support the trial court’s decision to partition the leasehold interest of the parties. I agree that equitable partition is available and appropriate under the circumstances of this case. Because the majority relies upon equitable partition, the historical overview of statutory partition is largely…