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FOSTER v. HUDSON

82-324.

437 So.2d 528 (1983)

Sarah FOSTER, et al. v. James W. HUDSON, et al.

Supreme Court of Alabama.

August 12, 1983.

Attorney(s) appearing for the Case

Joseph W. Adams, Birmingham, for appellants Betty Jean Johnson, Alfred Foster, Jr. and David E. Foster.

C. Crawford Williams, Jr., Birmingham, for appellant Sarah Foster.

Lee Bains of Bains & Terry, Bessemer, for appellees.

SHORES, Justice.

The plaintiffs in this case brought an action for sale for division. The facts are undisputed. Alfred and Mattie Foster, husband and wife, had owned a piece of property as tenants in common. Alfred Foster owned an undivided one-fourth interest, and Mattie Foster owned an undivided three-fourths interest in the land. First Federal Savings and Loan Association of Bessemer (mortgagee) held a mortgage on the property.

On September 18, 1961, a...

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