Wagner v. Messana CA1/1
Three trusts own a plot of land in Santa Rosa as tenants in common, each owning a one-third, undivided interest. Respondent Deborah Wagner, a trustee of one of the trusts, brought this action to partition the property. Appellants are the beneficiaries of the other two trusts. On appeal, they challenge two trial court rulings. The first entered an interlocutory judgment of partition and the second ordered the partition to be by sale. We reject appellants’ arguments about the judgment of partition because they failed timely to appeal from it, and we conclude that the trial court properly exercised its discretion in ordering the partition be by sale. Accordingly, we affirm.
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