Duke v. Hill

PHILLIPS, Judge.

In this partition proceeding, whether the land owned by the parties should be partitioned in kind among them according to their respective interests or whether it should be sold and the proceeds divided, was a question of fact for the court. Barber v. Barber, 195 N.C. 711, 143 S.E. 469 (1928). Since petitioners’ allegation that the property could not be actually partitioned among the parties without injury to some or all the parties was denied by the respondents, the burden of establishing that a sale was necessary reposed on petitioners. Brown v. Boger, 263 N.C. 248, 139 S.E.…