Gartner v. Temple

Appellant Merle Temple and Appellee Bradley Gartner owned 3,375 acres of land as tenants in common. After relations between Temple and Gartner deteriorated, Gartner brought an action for partition. After appointing three referees and adopting the referees’ report, the circuit court ordered a partition in kind and ordered Gartner to make a compensatory payment to Temple. The Supreme Court affirmed, holding (1) the circuit court did not abuse its discretion in ordering a partition in kind, as Temple did not show that partition in kind would cause great prejudice to the owners; (2) the circuit court did not err in adopting the referees’ report; and (3) the circuit court did not err in refusing to reduce the compensatory payment in favor of allocating additional land to Temple.View "Gartner v. Temple" on Justia Law