Leavell v. Linn

McEWAN, District Judge (Retired).

On February 4, 1980, the principal parties to this action purchased ranch property from their parents. The conveyance was made to the parties as tenants in common. They also executed a Co-Ownership Agreement which provided, inter alia, that each owned a ⅜ interest in the property. 1 The agreement also provided that none of the parties to the agreement would institute an action to partition or divide the property without the written consent of all other parties. Nonetheless, Connie Leavell (nee Linn) and her husband brought an action to partition. In the first…