[DOWNLOAD] "Phillips v. Phillips" by Court of Appeals of North Carolina No. 7718SC710 # Book PDF Kindle ePub Free
eBook details
- Title: Phillips v. Phillips
- Author : Court of Appeals of North Carolina No. 7718SC710
- Release Date : January 01, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The crux of this appeal is respondents' objection to the partition in kind of the land in question. Certain principles which guide the courts in deciding whether to order a sale of property owned by cotenants in lieu of an actual partition of the property are set out in Brown v. Boger, 263 N.C. 248, 255-257, 139 S.E.2d 577, 582-583 (1965). Among those principles are the following: A tenant in common is entitled, as a matter of right, to a partition in kind if it can be accomplished equitably. That is to say, partition in kind is favored over sale of the land for division, and the burden is upon those opposing a partition in kind to establish the necessity of a sale. G.S. 46-22 allows the court to order a sale where it is proven that actual partition cannot be had without injury to some or all of the cotenants. Injury to a cotenant means ""substantial injustice or material impairment of his rights or position, such that it would be unconscionalbe to require him to submit to actual partition.""
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