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RAISIN INVESTMENT CO. v. MAGGINETTI

Docket No. 18545.

109 Cal.App.2d 163 (1952)

240 P.2d 349

RAISIN INVESTMENT COMPANY, Appellant, v. JOHN MAGGINETTI et al., Respondents.

Court of Appeals of California, Second District, Division One.

February 8, 1952.

Attorney(s) appearing for the Case

Wolfson & Essey and Burnett L. Essey for Appellant.

Charles E. Hobart for Respondents.

HANSON, J. pro tem.

[1a] The principal question presented for determination upon this appeal from a final judgment of partition, no appeal having been taken from the interlocutory judgment, is whether a trial court can amend its interlocutory judgment which ordered a partition in kind to one for a sale thereof if it appears from the facts recited in the referees' report that a division in kind cannot be achieved without great prejudice to the owners....

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