Burnham v. Lynn

Hall, Justice.

This is an appeal from a judgment ordering the equitable sale of land owned by four sisters as tenants in common. The equitable suit for partition was brought by two of the sisters against the other two. One of the defendants sold her interest to the First Baptist Church of Eastman, Georgia, Inc., which intervened and answered. The main defense raised by the defendants was that statutory partitioning under Code Ann. § 85-1504 et seq., is an adequate remedy at law.

The appellees, opposing equitable partition, contend that Sikes v. Sikes, 233 Ga. 97 (209 SE2d 641) eliminates the…