MITCHELL v. STONE

SC 1727.

330 So.2d 433 (1976)

Harold Dean MITCHELL v. Sarah J. STONE et al.

Supreme Court of Alabama.

April 2, 1976.


Attorney(s) appearing for the Case

Scruggs, Rains & Wilson, Fort Payne, for appellant.

Beck & Beck, Fort Payne, for appellee, Sarah J. Stone.


FAULKNER, Justice.

This appeal comes from the Circuit Court of DeKalb County on a judgment ordering a resale of property for division. The only issue before this court is whether the trial judge was correct. In our opinion he was, and we affirm.

On November 21, 1973, S. M. Stone and S. L. Stone filed suit against Eva Mae Jones, B. L. Stone, and Sarah J. Stone to sell 40 acres of land at public auction for division of the proceeds. The first sale

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