Hill v. Cherry

This is an appeal from the denial of a Rule 59 (a), ARCP, motion for new trial of defendants, Cora Hill, Bessie Hill and Mary Julia Hill, in an action for equitable partition of real property among joint owners in which there was a settlement agreement incorporated into the final judgment. We affirm.

Issue

Did the trial court abuse its discretion by denying defendants' Rule 59 (a) motion for new trial?

Facts

Plaintiffs, Laura Lee Cherry and Jennie Hill, filed a bill for partition of real property. Defendants Cora Hill, Bessie Hill and Mary Julia Hill, filed an answer denying the necessity or the…