Newhall v. Roll
Annotate this CasePlaintiff and Defendant were siblings who owned two farm properties as tenants in common. The first tract was located in Butler County and the second tract was located in Hardin County. In 2013, Plaintiff filed separate actions against Defendant in Butler and Hardin counties seeking partition by sale of both tracts. The actions were consolidated for trial. Defendant opposed the proposed partition by sale and urged the court to partition the tracts in kind instead. The district court ultimately ordered the sale of both tracts. The court of appeals reversed. The Supreme Court vacated the decision of the court of appeals and affirmed the district court’s judgment, holding that Defendant failed to meet her burden to prove it would be equitable and practicable to partition the tracts in kind.
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