Whatley v. Whatley

WALKER, Judge.

Petitioner filed this action for partition by sale of a building and two tracts of land (Tract One and Tract Four) on 5 November 1993. Previously, the parties entered into a consent order on 17 July 1992 in which it was agreed that petitioner owned a 2/9 undivided interest and respondents owned a 7/9 undivided interest in Tract One, that Tract Four was solely owned by respondents and that the building, which sits partially on Tract One and partially on Tract Four, was owned by the petitioner.

Respondents moved for summary judgment, which was denied, and the case proceeded with a…