Real Property: Partition Order-Survey

Where a landowner challenged a judgment entered to enforce an earlier judgment that partitioned in kind several tracts of real property pursuant to the terms of a settlement agreement, the landowner’s first two points on appeal arguing that a survey was inadequate presumed an obligation that was not part of the parties’ agreement, and the judgment is affirmed because the judgment was supported by substantial evidence that the landowner refused to perform the judgment.

Judgment is affirmed.

Bartsch v. BMC Farms LLC (MLW No. 73148/Case No. WD81750 – 18 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Miller County, Richardson, J. (Ruth Bartsch, pro se) (Michael L. McDorman, Lake Ozark, for respondent).