Von Behren v. Oberg

Missouri Court of Appeals

902 S.W.2d 338 (Mo. Ct. App. 1995)

Unless doing so would result in great prejudice to the owners, a court will order a partition in kind as opposed to a partition by sale.

Relevant Facts

Larry and Nancy Von Behren (the plaintiffs) owned a 3/4 interest in a 170-acre tract of land. Shirley Oberg (the defendant) owned the other 1/4 interest. The tract was hilly and a river flowed through the property, effectively severing a field at the bottom of the tract. The Von Behrens filed a petition for partition of the property. An expert witness hired by Oberg testified that the tract was actually worth less as a whole than if broken up into smaller tracts. The trial court ordered a partition in kind, awarding Oberg 50 acres and the Von Behrens 120 acres. The Von Behrens appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 13, 2020

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Procedural History

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Citations

902 S.W.2d 338 (Mo. Ct. App. 1995)