[DOWNLOAD] "First National Bank Carrollton v. Margie" by Western District Court of Appeals of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: First National Bank Carrollton v. Margie
- Author : Western District Court of Appeals of Missouri
- Release Date : January 12, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendant Margie Eucalyptus appeals from the trial court's entry of an interlocutory decree in partition which ordered the partition and sale of certain real property owned by her and the First National Bank of Carrollton as tenants in common. Eucalyptus contends that the trial court erred in ordering the sale of the property because there was no evidence before the court that the parties would be prejudiced by a partition in kind. The issue is whether this order denying partition in kind is an interlocutory decree in partition which determines the rights of the parties thereby making it appealable under § 512.020, RSMo 1978. The land in question was purchased in 1966 by Eucalyptus and her then husband along with another couple. In 1970 Eucalyptus and her husband were divorced and each was awarded one-half of the one-half interest they had in the property so that each actually took a one-fourth interest in the total real estate. Sometime after the divorce, Eucalyptus's ex-husband purchased the one-half interest of the other couple to give him a three-fourths interest in the total property. The Bank took a note and deed of trust from the husband, later foreclosed, and ended up buying the property at the foreclosure sale, so that the Bank held the ex-husband's three-fourths interest in the whole property. There is no dispute as to the quantum of interest of each party.