BURLEY v. KUYKENDALL

No. 49963.

349 So.2d 1036 (1977)

Kathleen Fisher BURLEY et al. v. George Wesley KUYKENDALL et al.

Supreme Court of Mississippi.

September 7, 1977.


Attorney(s) appearing for the Case

Barrett, Barrett & Barrett, John W. Barrett, Lexington, for appellants.

Morgan & Morgan, C.E. Morgan, III, Kosciusko, for appellees.

En Banc.


SUGG, Justice, for the Court:

This appeal is from a decree of the Chancery Court of Attala County ordering eighty-two acres of land sold for division of proceeds among the owners. The principal question presented by this appeal is whether the complainants' proof showed clearly that a division in kind could not be made and that a sale would better promote the interest of all parties rather than a partition in kind. We reverse and remand.

The law governing partition...

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