Wrenn v. Gibson
Court of Appeals of Kentucky
Case 31 — PETITION EQUITY APPEAL FROM ICENTON CLROUTT COURT. 1. A.s the land was not susceptible of division without materially impairing its value, it should have been'sold and the proceeds divided. (Gen. Stats., chap. 68, art. 5, sec. 6; Williams on Beal Property, 4th ed., p. 135; Burgess v. Eastham, 3 Bush, 476.) 2. The division was an unfair one. The commissioners ignored the equitable principles which should control in the partition of land.
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Case 31 — PETITION EQUITY APPEAL FROM ICENTON CLROUTT COURT. 1. A.s the land was not susceptible of division without materially impairing its value, it should have been'sold and the proceeds divided. (Gen. Stats., chap. 68, art. 5, sec. 6; Williams on Beal Property, 4th ed., p. 135; Burgess v. Eastham, 3 Bush, 476.) 2. The division was an unfair one. The commissioners ignored the equitable principles which should control in the partition of land. (Hunter v. Brown, 7 B. M., 285; Gaithers v. Brown, 7 B. M., 91.) 8. The chancellor had no right to modify the report by adjudging that appellee pay…
1Opinion of the Court
JUDGE PBYOB
delivered the opihion of the court.
The appellant and the appellee owned in fee-simple a tract of land in the county of Kenton, containing about sixty-eight acres, and known as the Latonia Springs property. The appellee, by her petition in equity, filed in the Kenton Chancery Court, asked to have her interest in. the land set apart or severed from the interest of the appellant. The appellant owned a greater interest than the appellee, the former owning two-thirds and the latter one-third of the entire tract.
The appellant, by his answer, alleged that the land could not be divided…
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