WITHEE v. GARNETT


705 A.2d 1119 (1998)

1998 ME 30

Terrance WITHEE, et al. v. Clarence GARNETT, et al.

Supreme Judicial Court of Maine.

Decided February 12, 1998.


Attorney(s) appearing for the Case

Michael A. Weirs, Hartland, for plaintiffs.

Schuyler G. Steele, Newport, for defendants.

Before WATHEN, C.J., and ROBERTS, CLIFFORD, RUDMAN, DANA, LIPEZ, and SAUFLEY, JJ.


DANA, Justice.

[¶ 1] Clarence Garnett appeals from the judgment of the Superior Court (Somerset County, Alexander, J.) ordering the sale of property held as tenant in common. Garnett contends that the court should have ordered a physical partition instead. We affirm the judgment.

[¶ 2] Terrance and Christine Withee brought this action for equitable partition against various heirs of Dorothy and William Garnett. The Withees owned a 13/15 interest...

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