Giltner v. Ivers, et al., 954 N.E.2d 1035 (Ind. Ct. App. 2011)

(petitioner owned undivided 20% interest in 100-acre parcel of land; respondents owned other 80%; respondents filed motion to compel partition of land at trial court; trial court appointed three commissioners, who reported petitioner should receive 16.5 acres; trial court refused to set aside commissioner’s report; on appeal, petitioner argued report should have been set aside because it would materially damage him, did not reveal property’s value or methodology used to value property, division not proportionate to ownership interests and no reason given, report not signed and sworn in open court; appellate court concluded petitioner did not show he was prejudiced and affirmed).

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