Von Behren v. Oberg

The Von Behrens (plaintiffs) owned a 3/4 interest and Oberg (defendant) a 1/4 interest in a 170-acre hilly tract split by a river. The Von Behrens sought partition; Oberg's expert testified the land was worth less split up than as a whole. The trial court ordered partition in kind, giving Oberg 50 acres (about 29%) and the Von Behrens 120 acres, and the Von Behrens appealed, apparently believing a sale would better protect their larger interest's value.

Whether a court order for partition in kind, rather than partition by sale, is proper where it does not result in great prejudice to the owners.