The Delfinos (plaintiffs) and Vealencis (defendant) owned a plot of land as tenants in common. The Delfinos owned an undivided 99/144 interest and Vealencis owned an undivided 45/144 interest. The Delfinos did not have actual possession of the property. Vealencis lived on a portion of the land and from there operated a trash removal business, although no trash was actually stored on the premises. The Delfinos brought an action asking the court to order a partition by sale, with the proceeds being distributed to the parties according to each party’s interest in the land. Vealencis moved for a partition in kind. The trial court, after a hearing, held that a partition in kind was not practical and would result in “material injury” to the parties, and that it would be more equitable to order the partition by sale. Vealencis appealed.