Newhall v. Roll

1 Citing case

  1. Wihlm v. Campbell

    No. 15-0401 (Iowa Ct. App. Sep. 14, 2016)

    "When partition can be conveniently made of part of the premises but not of all, one portion may be partitioned and the other sold. . . ." Iowa R. Civ. P. 1.1201(3); see also Newhall v. Roll, No. 14-1622, 2015 WL 5965205, at *3-5 (Iowa Ct. App. Oct. 14, 2015) (reversing the district court's order to partition by sale as to avoid "guesswork" and ordering a partition in kind) (further review granted Jan. 19, 2016); Anderson v. Johnson, No. 03-2045, 2004 WL 2804854, at *2 (Iowa Ct. App. Dec. 8, 2004) (affirming the district court's order awarding a partition in kind and a partition by sale). The land Campbell seeks to divide from the other parcels is readily identifiable and largely contiguous.