Trenholm v. Trenholm

MANFORD, Special Judge.

This is a civil action in partition filed pursuant to § 528.020, RSMo 1978. The trial court entered a judgment of dismissal. The judgment is affirmed.

Appellants present two points, which in summary charge the trial court erred in dismissing their petition because (1) they properly brought their cause pursuant to § 528.020 in that the prior separation agreement created in each appellant a one-fourth (¼) interest in the estate, and (2) the separation agreement, being without a time limit as to the sale of the property, constituted an unreasonable restraint upon appellant…