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GIBBONS v. ALLEN

80-135.

402 So.2d 914 (1981)

Glossie GIBBONS v. Dorothy ALLEN, et al.

Supreme Court of Alabama.

July 24, 1981.

Attorney(s) appearing for the Case

Henry Sanders of Chestnut, Sanders, Sanders & Turner, Selma, and Michael Figures of Crawford, Figures & Irby, Mobile, for appellant.

J. Myron Smith and Theron O. McDowell, Jr., Prattville, John M. Higgins, Clanton, and Joseph M. Sarto of Howell, Sarto & Howell, Prattville, for appellees.

BEATTY, Justice.

This is an appeal from a decree ordering the sale of certain real property for division. We reverse and remand.

The plaintiffs-appellees filed their complaint on December 6, 1978, alleging that they and the defendants were tenants in common of certain real estate in Autauga County, that it could not be equitably divided without a sale of it for division, and prayed for that sale and division of the proceeds. The complaint was amended on January...

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