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Appellate Advocacy Keyed to Meador, 2nd Ed.
Swarthout v. Gentry
Citation:
167 P.2d 501 (1946)Facts
Plaintiff Swarthout initially brought an action alleging that he and defendant Gentry were partners in a cattle business, with personal property owned by the partnership and real property owned by them as tenants in common. Gentry countered that all property belonged to the partnership. After the first trial, the court found for Swarthout, but this judgment was reversed on appeal with the finding that the real property was a partnership asset. At the second trial, the parties stipulated that they had settled issues of accounting, and the only remaining issue was the distribution of partnership assets. The trial court appointed three referees to partition the property, with provisions for them to recommend easements, compensate for inequalities in the division, and for either party to move to confirm, modify, or set aside the referees’ report, with the court retaining power to appoint new referees if necessary.
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