Parker v. Owen

DRAPEAU, J.

By the instant action, plaintiff Gladys L. Parker sought to partition nine pieces of real property and two bank accounts between herself and her sister, defendant Margaret M. Owen, all of which property had been originally owned by their mother. During pendency of the cause, both the mother and the plaintiff died, but the action was continued in the name of the latter.

At the trial the court found that the action had been dismissed as to five parcels of real estate and that the parties each owned an undivided one-half interest in the two bank accounts and in the remaining four parcels; and that the latter could not be partitioned without great prejudice to the owners. Pursuant to its findings and conclusions, the court granted an interlocutory judgment of partition by which it appointed referees and ordered them to sell the four parcels of realty and after payment of costs and attorneys fees, to divide the balance between the two sisters, who were granted permission to bid at such sale.

For brevity, the realty here involved will be referred to

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as Parcels 1: Hermosa, 2: Normandie, 3: Oxford and 4: Vermont.

Thereafter the sale was duly made and the referees submitted their report that Parcels 1, 2 and 3 were sold to defendant Owen for $8,750, $10,250 and $18,250, respectively; and that Parcel 4 was sold to Wm. R. Parker, individually and as trustee for Donald L. Parker, distributees by order of partial distribution in estate of Gladys L. Parker, deceased, for $35,000; that these were the highest and best bids tendered and that the property was sold subject to confirmation of the court.

When said report of referees and petition for confirmation of sale came on for hearing, the court asked for further bids in open court, whereupon over the objection of defendant Owen, written offers increasing the sale bids by 10 per cent were made as follows:

Parcel 1: Hermosa, an increase of $875, or a total bid of $9,625 by Wm. R. Parker, as president of Parker Construction Company, a California corporation;

Parcel 2: Normandie, an increase of $1,025, or a total bid of $11,275 by Wm R. Parker individually and Wm. R. Parker as trustee for Donald L. Parker, as successors in interest of plaintiff Gladys L. Parker, under order of partial distribution in her estate. There being no further or higher offers made, the court confirmed the sales of Parcels 1 and 2 at the increased bids in open court, and also confirmed the sales of Parcels 3 and 4 as made at the referees’ sale.