Stillings v. Stillings

280 S.E.2d 689 (1981)

Samuel L. STILLINGS

v.

Lucy E. STILLINGS.

No. 14934.

Supreme Court of Appeals of West Virginia.

Decided July 17, 1981.

Concurring Opinion July 27, 1981.

Paul E. Parker, Jr., Fairmont, John S. Sibray, Charleston, for appellant.

Rose, Southern & Padden and Philip C. Petty, Fairmont, for appellee.

MILLER, Justice:

Samuel L. Stillings appeals from an order of the Circuit Court of Marion County dismissing his partition suit for the sale of certain real estate jointly owned by Stillings and his former wife. The circuit court refused to order the sale of the property under W.Va.Code,…