Weenolsen v. Kamber

Plaintiffs, owners of a one-half interest in commercial property on Church Street in Burlington, brought an action for partition under 12 V.S.A. § 5161 et seq. against defendant, owner of the other half. The parties stipulated the need for partition and the appointment of commissioners, which was duly ordered. Each party indicated a desire to purchase upon the terms approved as equitable by the commis*541sioners, but the trial court directed a sale under 12 V.S.A. § 5175, with each party authorized to bid. By agreement, interlocutory appeal was authorized, and the following question certified…