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HAWKINS v. HAWKINS

No. 2-673A146.

309 N.E.2d 177 (1974)

Harold T. HAWKINS et al., Defendants-Appellants, v. Charles N. HAWKINS, Plaintiff-Appellee, Katheleen Reese et al., Defendants-Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied May 6, 1974.

Attorney(s) appearing for the Case

Robert L. Austin, Busby, Austin, Cooper & Farr, Anderson, for defendants-appellants.

Wilson Wheatley, Tipton, Daniel J. Harrigan, Bayliff, Harrigan, Cord & Maugans, Kokomo, for plaintiff-appellee Charles N. Hawkins.

Horace C. Holmes, Tipton, for defendant-appellee Larry L. Hawkins.

Stanley M. Herbert, Tipton, for defendants-appellees Katheleen and Robert T. Reese.

SULLIVAN, Presiding Judge.

This appeal is brought from a partition proceeding in the Tipton Circuit Court wherein the court ordered the sale of a 140 acre parcel of land owned by the parties as co-tenants. Appellants allege error in that the sale order was inconsistent with an extra-judicial oral stipulation allegedly entered into between two of the four attorneys of record.

Consistent with IC 1971, 32-4-5-4 (Burns Code Ed.) the order appealed is denominated...

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