O'Malley v. McMullen

GRIMES, Judge.

This is an interlocutory appeal from an order which set aside a clerk’s sale and vacated a final judgment.

The land involved in the suit was originally owned by Carl R. McMullen. On May IS, 1972, Mr. McMullen and his wife, Margaret (appellee herein), were divorced. The judgment of dissolution of marriage awarded Margaret a special equity in the land to the extent of an undivided one-half interest. In August of 1973, Mr. and Mrs. William P. O’Malley (appellants) acquired by fee simple deed Mr. McMullen’s interest in the land. Thereafter, appellants instituted a partition suit…