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DEVERELL v. HORTON

6 Div. 764, 764-A.

234 So.2d 879 (1970)

James L. DEVERELL v. David D. HORTON. LANDVESTORS, INC. v. James L. DEVERELL, David D. Horton and James H. Horton.

Supreme Court of Alabama.

April 30, 1970.

Attorney(s) appearing for the Case

Marshall H. Sims, Trussville, for appellant.

Weaver & Herrin, Birmingham, for cross-appellant.

Smyer, White, Reid & Acker and Fitzhugh A. Burttram, Birmingham, for appellees David D. Horton and James H. Horton on appeal and cross-appeal.

MADDOX, Justice.

This is a proceeding in equity, as authorized by statute, for the sale of property of tenants-in-common and for a division of the proceeds of the sale.

Complainants in this cause are David and James Horton, who are brothers. The respondent is James Deverell. Complainants say that prior to March 11, 1968, they were the joint owners and tenants-in-common—each with an undivided one-half interest—in certain real and personal property...

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