Bridgers v. Bridgers

HEDRICK, Judge.

The petitioners argue the trial judge abused his discretion by holding that the property should be partitioned and by failing to follow this court’s opinion in Bridgers v. Bridgers, 56 N.C. App. 617, 289 S.E. 2d 921 (1982). In the first appeal, this court held that under N.C. Gen. Stat. Sec. 46-25 there could be an actual sale of the timber on both tracts, but that the trial judge had discretion as to whether to order a sale or an actual partition.

On retrial, Judge Tillery reached the same result as the previous trial judge but based his decision upon a correct interpretation…