O'Connell v. O'Connell

¶ 1. After a partition action, Gerald and Maxine O'Connell appeal a judgment and an order denying them reimbursement for improvements they made to the property over the course of their co-tenancy first with Gerald's brother Emmett and his wife, and then with Gerald's nephews, Emmett, Jr. and David. They also appeal the circuit court's award of costs and attorney fees to be paid from the proceeds of the property's sale. Gerald and Maxine argue that the circuit court erred when it concluded their claim for equitable reimbursement was cut off by a warranty deed, executed on February 8, 1994,…