Hawkins v. Hawkins

— This appeal is brought from a partition proceeding in the Tipton Circuit Court wherein the court *6ordered the sale of a 140 acre parcel of land owned by the parties as co-tenants. Appellants allege error in that the sale order was inconsistent with an extra-judicial oral stipulation allegedly entered into between two of the four attorneys of record.

Consistent with IC 1971, 32-4-5-4 (Burns Code Ed.) the order appealed is denominated an “interlocutory” decree. It is final and appealable, however, in that it orders a sale of the real estate. Heppe v. Heppe (1927), 199 Ind. 566, 149 N.E. 890;…