Harrison v. Arnold

OPINION

HENRY, Chief Justice.

In this action, seeking the partition of real estate by sale, we are called upon to determine (1) the proper method of preserving the testimony taken by a Special Master upon an order of reference and (2) whether a Special Master may supplement the proof by an independent investigation into the condition of a land title.

The Trial Judge, on the basis of the Master’s report and without hearing further testimony, confirmed the report, held that plaintiffs (petitioners) had no interest in the real estate, and dismissed the suit. The Court of Appeals sustained a motion…