Hughes v. Hughes

Banke, Presiding Judge.

This case originated as an action by the appellee for an equitable partitioning of certain real estate. The appellant filed a counterclaim alleging that the appellee was wrongfully withholding certain personal property belonging to him and seeking either the return of that property or damages for its alleged conversion. The real estate which was the subject of the appellee’s partitioning claim was sold pursuant to a consent order, and the proceeds were distributed to the parties. Thereafter, the trial court dismissed the appellant’s counterclaim for *73lack of subject…