North Dakota Supreme Court

Olson v. Olson

November 8, 20242024 ND 206

Summary

The court reversed the orders and judgment authorizing partition by sale, confirming the sale, distributing the proceeds, and awarding sale-related costs and attorney’s fees. It held the record lacked authenticated, admissible evidence establishing that physical partition would cause great prejudice or serious pecuniary injury, and the district court therefore abused its discretion. The court also held that the appellant waived any objection to physical partition but did not waive his objection to partition by sale.