Cleary v. Leden

ARNOLD, Judge.

Petitioners make three assignments of error, all of which essentially contend that the trial court erred in making adjustments reflecting the respective parties’ indebtedness in order to determine the net distribution of sale proceeds. We are not persuaded by petitioners’ arguments.

Proceedings for partition are equitable in nature. Roberts v. Barlowe, 260 N.C. 239, 132 S.E. 2d 483 (1963). A sale for partition may be ordered and the rights of the parties adjusted from the proceeds of the sale. Id.

The method used by the trial court to determine the net distribution of sale…