Blanchard v. Fontana

PONDER, Judge.

Plaintiffs, owners of an undivided one-fifth interest of some property, appealed the judgment ordering a partition by licitation.

The issues are whether the property can be partitioned in kind and, if not, whether a minimum price should be set for its public sale.

We affirm.

Plaintiffs, as owners of an undivided one-fifth interest in a 22.02 acre tract of land, instituted suit against the defendants seeking a partition in kind. Because the named defendants had sold their four-fifths interest in the property to Theodore B. Blanchard, the latter was substituted as the proper party…