CASE v. PEAFFMAN

1 Div. 365.

45 So.2d 453 (1950)

CASE et al. v. PFAFFMAN.

Supreme Court of Alabama.

April 6, 1950.


Attorney(s) appearing for the Case

Theodore J. Lamar, of Citronelle, for appellants.

Robt. E. Hodnette, Jr., and Howell & Johnston, of Mobile, for appellee.


LAWSON, Justice.

This is an appeal from a decree sustaining demurrer to a bill in equity.

The bill seeks the sale of land for division of the proceeds upon an averment that it cannot be equitably divided in kind. But division in kind is prayed for in the event the court finds that such division may be accomplished equitably.

The complainants are A. B. Case, Eliza Walker Bagget, John Walker, James H. Williams and Orene Williams, by her father, James...

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