Millican v. Cantrell

FAULKNER, Justice.

Cantrell filed a complaint to sell land, and distribute the proceeds of the sale among the owners — each of whom owned an undivided one-eighth interest. The court ordered the sale after hearing the evidence ore tenus from the complainant that the land could not be equitably partitioned in kind. The respondents offered no evidence.

Millican and Byerley appeal, alleging that there was insufficient evidence to support the court’s decree.

We affirm the trial court under the ore tenus rule.

This is a frivolous appeal and one which this Court will not tolerate.

The appellants offered…