Awbrey v. Duvall

MERRILL, Justice.

This appeal is from a decree denying a prayer for the sale of a house and lot for division among the joint owners. Appellant Awbrey, who had purchased an undivided one-half interest in the property at a bankruptcy sale, was the complainant below and Mrs. Willodean Duvall, who originally *701owned the other half interest, was the respondent.

We quote pertinent parts of the decree to show the facts:

“This cause was set for trial by jury on July 12, 1971, and the parties, then, agreeing for the Court to hear the evidence in the case ore tenus, without the intervention of a jury or the…