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PHILLIPS v. PHILLIPS

No. 7718SC710.

246 S.E.2d 41 (1978)

37 N.C. App. 388

Earl N. PHILLIPS, Jr., and wife, Sarah Boyle Phillips v. Stanley Davis PHILLIPS, and wife, Katherine Anthony Phillips.

Court of Appeals of North Carolina.

August 1, 1978.

Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson by Norwood Robinson and Steven E. Philo, Winston-Salem, for petitioners.

Jordan, Wright, Nichols, Caffrey & Hill by Luke Wright and William W. Jordan, Greensboro, for respondents.

BROCK, Chief Judge.

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...

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