Florance v. Hills

The present is an action of partition.

The record presents the single question, whether the Judge may order the licitation of the property to effect a partition, on the simple proof of its necessity by witnesses, or whether the appointment of experts is not an indispensable prerequisite to such an ordez\

The appointment of the experts to make a report upon the practicability of making a partition in kind, and the -calling witnesses to depose to the same matters, have, the like object, viz: to inform the court of the feasibility of a partition or the necessity of a sale.

Of these two modes of…