Consolidated Gas Supply Corp. v. Riley

I dissent not to what the majority did by reversing the summary judgment in favor of appellee, Consolidated Gas Supply Corporation, but to what the majority failed to do by not directing entry of a summary judgment in favor of appellants.

Partition by sale* is governed by W.Va. Code, 37-4-3 [1957] which provides:

When partition cannot be conveniently made, the entire subject may be allotted to any party *793or parties who will accept it, and pay therefor to the other party or parties such sum of money as his or their interest therein may entitle him or them to; or in any case in which partition…