Smith v. Smith

MILLER, Justice:

John Paul Smith appeals from a May 1, 1986 final order of the Circuit Court of Hancock County which ordered a partition sale of real estate jointly titled with Katherine N. Smith, his former wife. The order set a minimum recovery for Mrs. Smith from the sale in the amount of $62,500 less her share of the costs. The order taxed the appraisers’ costs to Mr. Smith and taxed all other costs jointly to the parties.

Katherine N. Smith and John Paul Smith own a 5.54 acre parcel of real estate upon which is situated a two and one-half story brick dwelling house and other outbuildings.…