OWENS v. M.E. SCHEPP LTD. PARTNERSHIP

No. CV-07-0349-PR.

182 P.3d 664 (2008)

Hal OWENS, a married man dealing with his sole and separate property, Plaintiff/Counterdefendant/Appellee, v. M.E. SCHEPP LIMITED PARTNERSHIP, an Arizona limited partnership, Defendant/Counterclaimant/Appellant.

Supreme Court of Arizona, En Banc.

May 8, 2008.


Attorney(s) appearing for the Case

Perkins Coie Brown & Bain, P.A., by Jordan Green, Steven J. Monde, Phoenix, Attorneys for Hal Owens.

McCabe O'Donnell, P.A., by Joseph I. McCabe, Clifford J. Roth, Phoenix, Attorneys for M.E. Schepp Limited Partnership.


OPINION

HURWITZ, Justice.

¶ 1 This case involves a dispute about the partition of land held by family members as tenants in common. The issue for decision is whether an alleged oral partition agreement was removed from the statute of frauds by part performance.

I.

¶ 2 Hal Owens and the M.E. Schepp Limited Partnership ("the Partnership") own land at Missouri Avenue and 22nd Street in Phoenix ("the Parcel") as tenants in common...

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