Delta Materials Corp. v. Bagdon

This is the second appeal by the defendants in this action filed by the plaintiff seeking the partition of land in Sunderland. The land consists of three noncontiguous, undeveloped tracts of approximately one, thirty-seven, and 101 acres. The plaintiff owns a four-fifths interest and the defendants own a one-fifth interest in the three tracts as tenants in common. In the *308first appeal, the defendants challenged an “interlocutory order” of a Probate Court judge directing a commissioner to make a partition by sale of the three tracts on the ground that the judge had failed to explore the…