...cotenants rights of first refusal implies an agreement not to bring a partition action in lieu of a sale to the cotenants. 4. SAME — Partition — Implied Waiver of Right to...not to bring a partition action in lieu of a sale to the cotenants." 59A Am.Jur.2d, Partition § 61, p. 45. But see...trial court's dismissal of a partition action because the land was subject to a real estate agreement which contained a "right of first refusal" provision. The Court of Appeals affirmed the trial court in...

...] An agreement giving rights of first refusal to the other tenants implies an agreement not to bring a partition action in lieu of a sale to the cotenants ( Schwartz v. Shapiro, supra...were successors in interest of the original parties. Before commencing the action for partition, appellant Harrison entered into inconclusive negotiations with respondent Robert...of the several cotenants in a 3,200-acre property known as the Stetson Ranch appeal from a judgment denying partition. The court determined that an agreement entered into in 1952 between the...

...agreement giving cotenants rights of first refusal implies an agreement not to bring a partition action in lieu of a sale to the cotenants." 59A AmJur2d, Partition § 52. This Court followed that precept ...current wife in order that she bring an action for partition. The Court held that the current wife took, not as a bona fide purchaser, but with notice of whatever equities her husband had in the property...bringing an action for partition, but the court upheld dismissal of that action, holding that "husband's undivided interest in the property is . . . burdened with the alimony settlement agreement." Id. at...

...].) "An agreement giving rights of first refusal to the other tenants implies an agreement not to bring a partition action in lieu of a sale to the cotenants [citation]." ( Harrison v. Domergue...cause of action in their cross-complaint for a judicial declaration that the owners of the property had waived the right to partition. The court also awarded the Boxlers $86,955 in attorney fees based...the Boxlers agree to list the Property for sale or purchase LEG's interest. If neither option was acceptable, LEG would file an action for partition by sale. In response, counsel for the Boxlers...

...refusal implies an agreement not to bring a partition action in lieu of a sale to the cotenants." 254 Kan. 418, Syl. ¶ 3. In.... Gerber Energy Corp., 237 Kan. 58, 60, 697 P.2d 1269 (1985) (K.S.A. 60-1003 sets out the procedure to be followed in a partition action but does...consent of her nieces could be raised as a defense in a partition action. The cases Brewer cited in her brief all involved some agreement, whether in a divorce settlement agreement or a real estate...

...action in lieu of a sale to the cotenants"]; Pine v. Tiedt (1965) 232 Cal.App.2d 733 [implied waiver of partition when cotenants invested in...may bring an action for partition. (§ 872.210.) The term "partition" means " 'the procedure for segregating and terminating common interests in the same parcel of property.' " (14859 Moorpark...) 59 Cal.App.3d 1008, 1014 (Feller).) "[A]lthough the action of partition is of statutory origin in this state, it is nonetheless an equitable...

.... June 26, 1978 In an action, inter alia, to compel the sale, in lieu of partition, of real property owned by the par...properties owned by the tenants in common; nor does it require that the plaintiff also seek their partition. It merely provides that "The complaint shall state whether the parties own any other lands...in common." This the plaintiff has done. The counterclaim pleaded fails to state a cause of action. Martuscello, J.P., Rabin, Gulotta and Cohalan, JJ., concur. ...

...pending action for sale in lieu of partition. The marital home which is the subject of the dispute as to the marital award was purchased by the Husband from his father in 1976, some...requested that the court give an indication of how the proceeds of sale would be divided in the pending action for sale in lieu of partition. The Husband requested the court to adjust the proceeds to....2d 775. Although the action for sale in lieu of partition has not proceeded to final judgment and is not properly before us, what the trial judge indicated he would do in that...

...that, therefore, the court below did not have jurisdiction to order a sale in lieu of partition. He contends that the Tolson case is consistent with his position that the person bringing an action und...present case, why a life tenant and a remainderman who may be made defendants in an action for a sale in lieu of partition may not change positions and be plaintiffs in such an action. He...complaint by Hevila Bettie Petrlik and her son, Joseph Petrlik against her other son, Frank William Petrlik, seeking a sale in lieu of partition of certain property and requesting that the obligation...

...$10,000 in favor of a predecessor in ownership of said interest. Respondent filed this action in partition alleging the necessity of sale of the property in lieu of a partition ...decree and from an order confirming a sale in partition. Reversed with directions. The facts are stated in the opinion of the court...reference in his complaint to said deed of trust. Appellant answered admitting the title and interest as alleged, but denying the necessity of a partition sale. The case, upon notice, was duly set for trial...

...interest, Mrs. Triantis brought an action in the Circuit Court for Montgomery County to compel the sale, in lieu of partition, of that property (the "Parcel"). The circuit court...Montgomery County, not as a deed, but simply as an "agreement." On December 6, 2006, Mrs. Triantis filed a complaint in the circuit court, requesting that the Parcel be sold in lieu of partition. That complaint was..., Chief Judge. We are asked to decide whether the holder of an equitable interest in real property may sue for partition or sale in lieu of partition of...

...opened on behalf of their predecessor-in-title. She suggests, therefore, that the partition served in lieu of the opening of an estate or a quiet title action in perfecting title to the property. ...of the property she ordered in connection with her partition request. The Petitioner also seeks reimbursement for property taxes...those who benefit from litigation would be unjustly enriched if the entire cost of the action were borne by the successful plaintiff. In their arguments on this...

...between the parties in open court. The order provided, inter alia, that Mrs. Van Fleet would withhold action on the partition suit; in lieu of two years' cash rent for 1977 and 1978, Fred Van Fleet... In re MARRIAGE OF BEVERLY B. VAN FLEET, Petitioner-Appellee, and FRED VAN FLEET, Respondent-Appellant. No. 80-606.... Beverly Van Fleet filed for divorce in Mercer County, Illinois, in 1976. After protracted litigation, a judgment of dissolution was entered February 6, 1979. The court found, inter alia...

...premises of Amey Ellis, with whom an adjustment seems to have been made, by an allowance to her of an annual stipend in lieu of her right to an admeasurement of dower. Whereupon, Potter, as counsel for O.... ACTION OF PARTITION. Declaration, that Benjamin R. Hoxsie and wife, in her right, and Charles Ellis of North Kingston, in the county of Washington, now in Ca...action of partition to be maintained, whilst an action to recover dower in the same estate was pending, inasmuch as the commissioners to set off dower must disregard, and their assignment of dower will...

...in plaintiff's favor. Greene believes that this partition action should be dismissed because plaintiff agreed to accept payment in lieu of a partition action. Specifically, Greene notes t...5 are consolidated for disposition. This is an action for the partition and accounting of a residential real property. Before the Court is an amended motion in sequence number 4 by...causes of action for the partition of the subject property and ½ (one-half) interest in the equity, as well as a full accounting and appraisal of the subject property so as to ascertain the true value of...

...Injury — Whether Property Be Partitioned In Kind Or Sold In Lieu Of Partition Is For Court To Determine And Appointment Of Commissioners Becomes Factor Only After Court Itself Concludes That Partition ...Kind Is Proper — Burden Of Proof On Question Of Loss Or Injury Upon Complainant Seeking Sale In Lieu Of Partition The Criterion Being Not Whether There Was Possibility That Tract Could Be Partitioned...partition and provides for a sale in lieu of partition: The Maryland partition statute first appeared as Acts of 1785 Ch. 72, § 12 an...

...preclusion issue is not quite so easy, but in the end we think the court was correct. Michael's action was for a sale in lieu of partition. That proceeding was governed by Ch. BJ of th...of the property in lieu of partition. He alleged the basic facts, including the divorce and the inability of the parties to agree upon a reasonable disposition of the property. Ann responded on April...Michael's motion for summary judgment. It signed an order appointing a trustee to sell the Hyattsville property in lieu of partition. On June 21, the court confirmed its rulings on the three motions by...

... voluntary sale or upon conclusion of the pending partition action), plaintiff shall pay defendant a monthly rent allowance in lieu of the carrying...event, this provision shall terminate when the youngest child * * * attains the age of 21 years". The partition action was decided in favor of plaintiff and, when one of the two younger children reached.... October 6, 1975 In an action in which a judgment of the Supreme Court, Nassau County, granting plaintiff a divorce, was...

... On January 11, 2018, in the Partition Action, Judge Dawson held an exceptions hearing on the First Report of Sale. Ms. Martin, Mr. Dolet, and the trustee all appeared. Ms. Martin argued that the cou...decided her previous appeal in the same action. In her current appeal, Ms. Martin identifies two questions presented: 1. Whether the circuit court erred in issuing the decree...Partition Action—Ms. Martin's claim for breach of contract is not identical to the claims adjudicated in the Partition Action. See id. at 392. As we explained above, only Mr. Dolet brought claims ...

...the partition action. Therefore, the trial court awarded Father's interest in the property to Mother in lieu of future child support payments. HSD then moved to intervene in t...consolidation of a support action and a partition action that involved the same parties. The first action was brought by the State of New Mexico's Human Services Department (HSD..., judgment was entered providing for the reimbursement of assistance previously paid and for an agreement to pay a specified amount of the assistance in the future. The second action...