Buchanan v. Mitchell

GRIMM, Judge.

Plaintiff Philip B. Buchanan’s petition sought partition of a house and a 1983 Cadillac automobile. Those items were purchased while Philip1 and defendant Suzanne C. Mitchell were living together, but were not married.

On appeal, Philip’s brief contains four points relied on. First, the “trial court erred by accepting evidence on personal property which was beyond the scope of the pleadings.” We agree. The pleadings sought partition of the house and Cadillac; no other property was described in the pleadings. Second, the court failed to either order partition in kind or find that…