McGill v. Roush

Fain, Judge.

Defendants-appellants, Ivan Leo Roush, Beatrice Roush, Riley W. Roush, and Betty Roush, appeal from a decision ordering a judicial sale of land owned in common with the plaintiff-appellees Ned and Martha McGill.

We conclude that there is no evidence to support the trial court’s finding that the commissioners understood and fulfilled their statutory duty to make partition, and that the commissioners failed, in any event, to provide the trial court with a factual basis for their conclusion that the land could not be partitioned without manifest injury to its value.

I

Appellees Ned and…