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ROBBERSON v. BURTON

No. 1999-CA-01909-COA.

790 So.2d 226 (2001)

Gary ROBBERSON, Appellant v. Jewell Wheeler BURTON, Ricky Dewayne Fikes and Nancy Lena Wheeler Fikes, Appellees.

Court of Appeals of Mississippi.

July 17, 2001.

Attorney(s) appearing for the Case

Jak McGee Smith, Tupelo, for Appellant.

C. Michael Malski, for Appellees.

Before McMILLIN, C.J., PAYNE, and LEE, JJ.

PAYNE, J., for the Court:

¶ 1. Gary Robberson appeals the judgment of the Itabamba County Chancery Court in which the chancellor refused to order a sale of the property in a partition action. Particularly, Robberson challenges the chancellor's reliance on evidence found in an unprobated will in his resolution of the dispute between the parties. We reverse and remand.

RELEVANT FACTS

¶ 2. Claiming to own an undivided one-fourth interest in...

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