Raisin Investment Co. v. Magginetti

HANSON, J. pro tem.

The principal question presented for determination upon this appeal from a final judgment of partition, no appeal having been taken from the interlocutory judgment, is whether a trial court can amend its interlocutory judgment which ordered a partition in kind to one for a sale thereof if it appears from the facts recited in the referees’ report that a division in kind cannot be achieved without great prejudice to the owners.

Not only do the respondent owners contend that there is no such power vested in the court, but they also contend that if the court has such power no…