Wiley v. Wiley

Nichols, Chief Justice.

This is an appeal from an order granting appellee’s motion to set aside an order of the trial court confirming a judicial sale of land.

Appellant Ophelia E. Wiley and appellee Lester C. Wiley, formerly husband and wife, each owned an undivided one-half interest in land located in Cobb County. Ophelia Wiley petitioned the Superior Court of Cobb County to partition the property. After a hearing the trial court determined that the property could not be fairly and equitably divided by metes and bounds and appointed three commissioners to sell the property at public outcry.…