Spiller v. MacKereth

This is an appeal from a suit based upon a complaint by John Robert Spiller seeking sale for division among tenants in common and a counterclaim by Hettie Mackereth and others seeking an accounting for Spiller's alleged "ouster" of his cotenants. By agreement of the parties, the trial Court entered a decree on the complaint ordering the sale of the property. A trial was then held ore tenus on the counterclaim.

At the conclusion of the trial, the Judge entered a finding that Spiller had ousted Mackereth and that Mackereth's attorney had performed services which inured to the benefit of the…