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Property Keyed to Sprankling
Ark Land Company v. Harper
Facts
The Caudill family sold a portion of their property to Ark Land Company, Defendants. The Caudill family owned the property exclusively for approximately one hundred years. Defendants wanted to purchase the remainder of the Caudill family’s property because Defendant wanted to extract the coal from the entire property. Nevertheless, the members on the remainder of the property refused to sell their land. Subsequently, Defendants filed suit seeking to partition and sell the property. The Caudill family sought a partition in kind and presented expert testimony that the property was capable of being partitioned in kind. However, Defendants presented an expert’s testimony suggesting that the partition in kind would cause an increase in several million dollars in mining costs. The circuit court held that the partition in kind is an inconvenience, and, therefore, the court ordered the partition and sale of the property.
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