Blue v. BlueAnnotate this Case
The Supreme Court affirmed the judgment of the circuit partitioning one of two parcels of land Tom Blue and Jim Blue inherited as tenants in common, awarding Tom owelty, and denying Tom’s claims for improvements and restitution, holding that the circuit court did not err in its judgment.
Upon the death of their father, Tom and Jim inherited two interests in real estate as tenants in common. Approximately ten years later, Jim commenced this action to partition one of the parcels. Tom counterclaimed for the value of purported improvements and for restitution for the time he spent caring for both properties. The Supreme Court affirmed the judgment of the circuit court, holding that the circuit court (1) did not err in denying Tom’s claims for unjust enrichment and quantum meruit; (2) did not abuse its discretion in controlling the presentation of evidence; and (3) did not clearly err or abuse its discretion in dividing certain land into equal quarter sections and ordering that Jim pay Tom $51,190 in owelty.