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STILLINGS v. STILLINGS

No. 14934.

280 S.E.2d 689 (1981)

Samuel L. STILLINGS v. Lucy E. STILLINGS.

Supreme Court of Appeals of West Virginia.

Concurring Opinion July 27, 1981.

Attorney(s) appearing for the Case

Paul E. Parker, Jr., Fairmont, John S. Sibray, Charleston, for appellant.

Rose, Southern & Padden and Philip C. Petty, Fairmont, for appellee.

MILLER, Justice:

Samuel L. Stillings appeals from an order of the Circuit Court of Marion County dismissing his partition suit for the sale of certain real estate jointly owned by Stillings and his former wife. The circuit court refused to order the sale of the property under W.Va.Code, 37-4-3, because Mrs. Stillings had been previously awarded in a divorce decree the exclusive use and possession of the real estate in question. It was the trial court's conclusion...

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