Brodie v. Snider

By Judge James W. Haley, Jr.

In this partition proceeding, the pinion issue is whether or not the parcel can be conveniently partitioned in kind. The principles here applicable concerning partition are well established.

Equity has no inherent jurisdiction to order the sale of land for the purpose of partition. “Prima Facie each party is entitled to actual partition . . . .”

Cauthorn v. Cauthorn, 196 Va. 614, 619, 85 S.E.2d 256, 259 (1955).

At common law courts of equity were empowered to partition land in kind; however, until the adoption of Code §§ 8.01-81 through 8.01-93 and their predecessors,…