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HUTCHINSON v. MILLER

2050923.

962 So.2d 884 (2007)

Joseph W. HUTCHINSON, Jr. v. Frederick Hudson MILLER, Jr., et al.

Court of Civil Appeals of Alabama.

February 2, 2007.

Attorney(s) appearing for the Case

Joseph W. Hutchinson III, Butler; and Timothy C. Hutchinson, Butler, for appellant.

Edward P. Turner, Jr., Halron W. Turner, E. Tatum Turner, and Martin R. Pearson of Turner, Onderdonk, Kimbrough, Howell, Huggins & Bradley, P.A., Chatom, for appellees.

PITTMAN, Judge.

This appeal concerns the jurisdiction of the probate courts of Alabama to hear cases involving the partition of property or the sale of property and the division of the sale proceeds.

Joseph W. Hutchinson, Jr. ("the plaintiff"), brought an action in the Choctaw Probate Court seeking a sale for division of certain oil, gas, and mineral rights associated with a parcel of land located in Choctaw County; the plaintiff allegedly held a fractional...

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