Overlander v. Ware

While I join in Judge Dean’s dissent, additional thoughts are suggested by the record. There appears to have been an arrangement between the parties for a compromise. This arrangement was never carried out. The deed was never signed by all the parties. Anticipating that it would be signed, the plaintiff appears to have filed a petition for a partition. As the arrangement for a compromise was never carried out, this incident should not be considered on the merits of the case. The majority opinion appears to make much of certain things done or attempted to be done by the plaintiff under the…