Allen v. Allen

The question for decision is whether the court, after setting aside the report of the commissioners, had authority, based on its own findings as to what would constitute an equitable division, to adjudge a partition of the land different from that made by the commissioners.

Since 1868, the partition of land between tenants in common has been regulated by statute. Haddock v. Stocks, 167 N.C. 70, 74, 83 S.E. 9; Bank v. Leverette, 187 N.C. 743, 746, 123 S.E. 68. The statutory procedure is set forth in G.S. Chapter 46, Article 1.

G.S. 46-10 provides, in part, that the commissioners appointed under…