Carter v. Harvey

OPINION

TERRIE LIVINGSTON, CHIEF JUSTICE

In this dispute related to a partition of real property, appellant Jay Warne Carter,, Jr. appeals the trial court’s order appointing a receiver and authorizing a public sale of the property, of which he owns a 1/8 fee simple interest. He argues that the trial court erred by granting summary judgment against his claim for an equitable adjustment and by concluding that the property was incapable of an in-kind partition as an alternative to the sale. He also contends that the trial court’s order is void because appellee Erwin Lee Harvey, Sr. did not join a…