BAINES v. JORDAN

87-79.

529 So.2d 948 (1988)

Bertha Jean G. BAINES v. James E. JORDAN.

Supreme Court of Alabama.

July 1, 1988.


Attorney(s) appearing for the Case

William M. Hammond, Elba, for appellant.

L. Merrill Shirley, Elba, for appellee.


STEAGALL, Justice.

Plaintiff, Bertha Jean G. Baines, appeals from a Rule 12(b)(6), A.R.Civ.P.. dismissal of a complaint for the partition or sale of certain lands. We reverse and remand.

A deed to the land in question was recorded in the names of James Jordan and his wife, Ila M. Jordan. On August 1, 1972, they gave a mortgage to the Farmer's Home Administration ("Fm.H.A."). Thereafter, Ila Jordan died, whereby title...

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