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THOMPSON v. LYNCH

No. 429, 2009.

990 A.2d 432 (2010)

Billie Lynn THOMPSON, an individual and Billie Lynn Thompson as Substitute Trustee of the Estate of William F. Dickerson, Respondents Below, Appellants, v. John R. LYNCH and Dewey C. Lynch, Petitioners Below, Appellees.

Supreme Court of Delaware.

Decided: February 25, 2010.

Attorney(s) appearing for the Case

John A. Sergovic, Jr., Esquire (argued), Sergovic & Carmean, P.A., Georgetown, DE and Matthew S. Lindauer, Esquire, Smith, O'Donnell, Feinberg & Berl, LLP, Georgetown, DE, for Appellants.

Sean M. Lynn, Esquire, (argued), Hudson, Jones, Jaywork & Fisher, LLC, Dover, DE, for Appellees.

Before STEELE, Chief Justice, BERGER and JACOBS, Justices.

BERGER, Justice:

In this appeal we consider whether the Court of Chancery lacked subject matter jurisdiction to partition a parcel of land, and whether its decision was based on an adequate factual record. After the partition process had concluded, and appellants learned that they would not receive the divided parcel they wanted, they claimed that the trial court lacked jurisdiction to partition the land because it was not owned by the two parties as tenants in common...

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