Ackerman v. Heard

Gardner, Judge:

This is an appeal in a partition and accounting action. We reverse.

Ackerman and Batson (the plaintiffs) together own a one-half interest in the subject 100-acre tract of land as tenants in common with Heard (the defendant).

The property was purchased for speculation by the defendant and plaintiffs’ father, their predecessor in title, in 1973. The defendant has been the sole occupant since the purchase of the land and has maintained a limited agricultural operation (livestock) on about 30 acres of the land. The plaintiffs and defendant had an understanding that the defendant…