Thompson v. Mitchell

WENTWORTH, Judge.

This is an appeal from an order finding that certain property owned by the parties as tenants in common is indivisible without prejudice to the owners, and ordering it sold. We reverse because we conclude the record substantiates the report of the statutory commissioners recommending partition in kind based on lack of prejudice.

The parties in this case are the heirs of Alvin Thompson, Sr., who died intestate, leaving a tract of land consisting of approximately 200 acres. Alvin Sr. had seven children: Annie Mae, Robert, Alvin Jr., Louise, Mattie, Ralph, and Willie. Willie…