IN RE SPAIN

No. 86-7449.

831 F.2d 236 (1987)

In re William Harold SPAIN, Debtor. John P. WHITTINGTON, Plaintiff-Appellant, v. GILBRALTER SAVINGS & LOAN ASSOCIATION, North Shelby County Fire District, Tax Collector of Shelby County, and Mary P. Spain, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 2, 1987.


Attorney(s) appearing for the Case

J.N. Holt, William Kent Upshaw, Birmingham, Ala., for plaintiff-appellant.

Daniel W. Wainscott, Wainscott & Toffel, Birmingham, Ala., for defendants-appellees.

Before FAY, Circuit Judge, HENDERSON, Senior Circuit Judge, and BLACK, District Judge.


SUSAN H. BLACK, District Judge:

This is an appeal from the district court's affirmance of Bankruptcy Judge Coleman's order denying the trustee-appellant's petition to sell appellee's property for division. Because we find that the bankruptcy court incorrectly applied Alabama's law of cotenancies, we reverse and remand for additional findings.

The relevant facts of this case may be briefly summarized. In 1973, debtor John P. Spain and his wife, Mary P. Spain...

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