CARDEN v. VANDERSLICE

SC 1600.

336 So.2d 1082 (1976)

Lois Etress CARDEN et al. v. Josie VANDERSLICE and Phoebe House.

Supreme Court of Alabama.

August 13, 1976.


Attorney(s) appearing for the Case

Harry L. Hopkins and Carolyn B. Nelson, Birmingham, for appellants.

Frank Ellis, Jr. and Conrad M. Fowler, Jr., Columbiana, for appellees.


MADDOX, Justice.

The trial court ordered a 60-acre tract, owned jointly by 18 individuals as tenants in common, sold for division on the ground that the land could not be equitably divided in kind. We affirm.

The plaintiffs had the burden to prove that a fair and equitable partition of the land could not be made. We find that they sustained their burden by proof, especially in view of the presumption in favor of the trial court's findings since he saw and...

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