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Wn.2d , LAKE V. WOODCREEK HOMEOWNERS ASS'N
Other Higher Education Faculty who wish to access digital review copies or teaching resources should contact their West Academic Account Manager at college westacademic. Toggle navigation. As another possibility, they suggest that four of the parties each be awarded one of the four houses and that the other two each take a half interest in the brick store building at the corner, any inequality to be made up by proper allocation of vacant land.
They ask further that, in the event of a sale of the real estate, original lot lines be disregarded and the land be sold as separate parcels to conform to the buildings.
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A sketch of the premises attached to the record showing the hodgepodge location of the various buildings, barns, outbuildings, vacant land possibly necessary for back yards, and the driveway, reveals many practical difficulties in attempting a division or sale of the property by parts or parcels. Property of this type, improved with many very old buildings, would probably bring a higher price if sold as a unit, since a single, larger lot might in time be used for other more profitable purposes than separate small portions of lots could be.
We have examined the sketch of the property with care and believe that the trial judge came to the proper conclusion in ordering the property sold as an entirety. While this is permissible under the law 3 Comp.
A court of equity is not bound to divide property in kind. See Gilman v.
Boden , Mich. The principle of owelty should be employed as little as possible. See Thompson Estate Co. Kamm , Or. Defendants rely on Security Trust Co. Sloman , Mich. We stated that the question is a practical one and that the premises constituted one parcel by location, use and interdependence, lot, street and alley lines having been obliterated by buildings, so that in effect the two parcels constituted a single tract.
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We believe that that is true in the present case. While there are five principal buildings on the two whole and single fractional lots and the buildings are independent, nevertheless the improvements are so grouped together with adjoining barns, yards, court and private driveway that it becomes apparent that the property would be best sold as a whole and the proceeds divided.