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Keywords

statuteappealtrial

statutetrial

Related Cases

Schultheis v. Schultheis, 36 Wash.App. 588, 675 P.2d 634

Facts

In December 1962 and January 1963, Winifred and Andrew Schultheis conveyed farmland to six of their children and the spouses of the married children. At the request of their parents, the grantees signed an agreement in 1963 that prohibited any party from seeking partition. After the parents' deaths in 1964, some of the children entered into a partition agreement without the participation of the remaining children. In 1976, Eugene and Shirley petitioned for partition, leading to the current appeal regarding the enforceability of the nonpartition agreement.

In December 1962 and January 1963, Winifred and Andrew Schultheis conveyed farmland to six of their children and the spouses of the married children.

Issue

Whether the trial court erred in limiting the enforcement of the nonpartition agreement to 10 years or the lives of the parents.

The sole issue is whether the trial court erred in limiting the enforcement of the nonpartition agreement to 10 years or the lives of the parents.

Rule

The right of joint owners of real property to partition their lands is guaranteed by statute, but parties can limit the right to partition for a reasonable or specific amount of time.

The right of joint owners of real property to partition their lands is guaranteed by statute.

Analysis

The court applied the rule by examining the intent of the original agreement and the circumstances surrounding its execution. It noted that the agreement had been ignored in the past and that one of the parties who now asserted the agreement had previously violated its terms. The court concluded that the ten-year limitation was reasonable and supported by the evidence, as it aligned with the intent to keep the property in the family while allowing for potential sale after that period.

In determining what would be a reasonable time, the trial court looked at several factors.

Conclusion

The court affirmed the trial court's decision, upholding the limitation on the nonpartition agreement to ten years or the lives of the parents.

The judgment of the trial court is affirmed.

Who won?

The prevailing party was the joint owners who supported partition, as the court upheld their right to partition the property after the specified time limit.

The remaining co-owners' answer included reference to the written agreement not to partition as an affirmative defense.

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League of Oregon Cities v. State, 334 Or. 645, 56 P.3d 892

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Commonwealth of Virginia v. Rives, 100 U.S. 313, 10 Otto 313, 1879 WL 16543, 25 L.Ed. 667

Boomer v. Atlantic Cement Co., 26 N.Y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d 312, 1 ERC 1175, 40 A.L.R.3d 590

Simpson v. Simpson, 233 Ga. 17, 209 S.E.2d 611