SPILLER v. MACKERETH

SC 1624.

334 So.2d 859 (1976)

John Robert SPILLER v. Hettie MACKERETH et al.

Supreme Court of Alabama.

Rehearing Denied July 16, 1976.


Attorney(s) appearing for the Case

Rosen, Wright, Harwood & Albright, Tuscaloosa, for appellant.

Zeanah, Donald, Williams & Hust, Tuscaloosa, for appellees.


JONES, Justice.

This is an appeal from a suit based upon a complaint by John Robert Spiller seeking sale for division among tenants in common and a counterclaim by Hettie Mackereth and others seeking an accounting for Spiller's alleged "ouster" of his cotenants. By agreement of the parties, the trial Court entered a decree on the complaint ordering the sale of the property. A trial was then held ore tenus on the counterclaim.

At the conclusion of the trial...

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