VAUGHN v. THOMAS

78-200.

372 So.2d 1309 (1979)

Thelma Louise VAUGHN, Georgia Freeda Rorex, Jerry Lynn Gibson Ingram, Jimmy Sue Rollins, Charles David Johnson, Roy Lee Johnson and Lucy Johnson v. Walter THOMAS and Jo Ann Thomas.

Supreme Court of Alabama.

July 13, 1979.


Attorney(s) appearing for the Case

John F. Proctor, of Thomas & Proctor, Scottsboro, for appellants.

Jack Livingston, Scottsboro, for appellees.


MADDOX, Justice.

In this land partition suit, the trial judge found that the subject 40 acres of land jointly owned by the parties could not be equitably partitioned in kind among all the parties; he ordered it sold for division.

Two basic issues are presented:

(1) Was a former action involving the same land res judicata?

(2) Was there evidence to support the trial court's finding that the land could not be equitably divided?

The subject...

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