- 10 - the interest on partition (which, if she received a payment in kind, would not be subject to the Barge management philosophy). Accordingly, in order to determine the price that the purchaser would pay, we must figure (1) the length of the partition process and its costs, (2) the proper interest rate a buyer would demand, and (3) the value of a 25-percent fee simple after partition. B. What a Purchaser Would Pay 1. Partition In partition suits, Mississippi courts tend to favor equitable partition-in-kind over an outright sale of the entire property. Shaw v. Shaw, 603 So.2d 287, 290 (Miss. 1992). Petitioner's expert, William C. Smith, Jr. (Smith), was of the opinion that a contested partition would take from 2 to 5 years to resolve at a total cost of about $1,150,000 to $1,500,000, which would be borne equally by the parties. Members of the Barge family testified that they would resist any attempt to partition the timberland. We are not convinced that such resistance would be undertaken just for the sake of delay, since it would not be cost free. Resistance might be mounted to obtain an advantageous partition, however. We judge that a partition action would take 4 years, and that the party initiating such action would bear one-half of total partition costs of $1,325,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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