TRAYNOR v. TRAYNOR


333 S.W.2d 943 (1960)

William R. TRAYNOR, Appellant, v. Robert R. TRAYNOR, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied April 29, 1960.


Attorney(s) appearing for the Case

John S. Deering, Nicholasville, for appellant.

B. T. Moynahan, Jr., Nicholasville, for appellee.


STANLEY, Commissioner.

The judgment is that a tract of 102 acres, jointly owned by and in possession of Robert and William R. Traynor, brothers, cannot be divided between them without materially impairing its value or the value of the interest of the plaintiff in the action, Robert Traynor. KRS 389.020(1) (b).

Title to the property was acquired from the executors of the will of the parties' uncle, and in their deed the tract was described as two parcels, one...

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