O'Mary v. Dunn

Elsijane T. Roy, Justice.

The parties to this action owned as tenants in common a parcel of land 30’ x 71.62’, and their respective businesses were located adjacent to the South end of this parcel. Appellants petitioned the court, ^pursuant to Ark. Stat. Ann. § 34-1801 (Supp. 1975), requesting partition of the small tract according to their respective interests or, in the alternative, sale of the land and distribution of the proceeds if it were found the land was not susceptible to division in kind without prejudice to either party.

The court, after hearing testimony, accompanying counsel to…