Hutto v. Hutto

The opinion of the Court was delivered by

Mr. Justice Baker.

Appellant F. O. Hutto and his deceased brother, S. P. Hutto, owned as tenants in common several tracts of land, and the purpose of the original action in this cause was to divide the real estate so owned as between appellant and the heirs of S. P. Hutto.

During the proceedings, a consent order was signed and filed directing the special referee, Hon. J. A. Merritt, to sell all the real estate and hold the proceeds subject to *286further order of the Court. The special referee complied with the order to the extent of advertising and selling…