Pack v. Ross
Pack v. Ross
Opinion of the Court
The sole question presented on this appeal is whether the chancellor properly directed the sale of 49 acres of Lawrence County land in order to effect partition between the litigants. The appellants were the owners of a one-seventh undivided interest in it and the appellees owned the remaining interest. The appellants contend that the land should .have been partitioned in kind and their one-seventh interest set aside to them. Their contention appears to be partially motivated by sentiment and partially by the fact that the appellees, as owners of a six-sevenths undivided interest, had a very practical financial advantage in bidding in the. property for ,$4,100 at the sale. ,.
Thirteen acres of bottom land were on the west or north side of Hood Creek as it meanders, while all the remaining acreage was on the east side of the creek and consisted of 8 acres of bottom land, 8 acres of sloping, cleared land, and 17 acres of steep timberland. The chancellor viewed the tract and had the benefit of co-operative counsel as well as the testi
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.