Osborn v. Warner

CARDINE, Justice.

This appeal is from a summary judgment partitioning real property held by appellant and his two sisters as tenants in common. The summary judgment does not dispose of all of the claims in the. action, and for this reason is not a final order and not ordinarily appealable. 1 However, since appellant might suffer irreparable damage by the partitioning before all claims could be disposed of, this court treated his appeal as a grant of a writ of certiorari. We affirm.

Appellant raises the following issues:

“1. Whether a homestead, being this property in dispute, as provided by law,…