Fisher v. Lynch

Maxwell, Judge:

This appeal involves the question of the right of a circuit court to remove or supplant, without notice, a special commissioner who has been appointed by the court to make sale of real estate, pending* the discharge of his duties as such commissioner.

The primary purpose of this suit was for the partition of the real estate of which Adolphus Armstrong of Taylor county died seized, and the court having ascertained that the said real estate was not susceptible of partition in kind and that it would be to the best advantage of the parties in interest that the same be sold, entered…