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MARTIN v. MARTIN

2970032.

775 So.2d 197 (1998)

James Ruben MARTIN v. Majorie I. MARTIN.

Court of Civil Appeals of Alabama.

August 7, 1998.

Attorney(s) appearing for the Case

David A. McDowell of McDowell, Faulk & McDowell, Prattville, for appellant.

J. Myron Smith and Jim T. Norman III, Prattville, for appellee.

On Application For Rehearing

YATES, Judge.

This court's opinion of February 20, 1998, is withdrawn, and the following is substituted therefor.

On March 15, 1996, James Ruben Martin ("Martin") petitioned for a sale and division of .43 acres of commercial property that he jointly owned with his mother, Marjorie I. Martin n/k/a Marjorie Martin Hannah ("Hannah"), and his brother, Michael Edward Martin. The property was leased to Carl West, who...

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