FREENEY v. STALLWORTH

SC 2067.

344 So.2d 752 (1977)

Jacob FREENEY v. Evangeline Freeney STALLWORTH et al.

Supreme Court of Alabama.

Rehearing Denied April 29, 1977.


Attorney(s) appearing for the Case

W. H. Baldwin, Andalusia, for appellant.

Robert B. Albritton, Andalusia, for appellees.


EMBRY, Justice.

The issue here is whether defendants to an action of partition and sale for division are entitled to a jury trial on demand. We hold they are and reverse.

Plaintiffs, the Stallworths and others, petitioned that a tract of land in Covington County be sold for division, alleging that they and defendants were joint owners, or tenants in common, of the property. Five of defendants, one of whom, Jacob Freeney, is appellant here, filed an answer...

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