Miles v. Miles

The primary purpose of the bill is the sale of lands of tenants, in common for division, upon the ground that they cannot be equitably divided in kind. The suit is by the husband against the wife.

In Miles v. Miles, 207 Ala. 57, 91 South. 886, the bill was held good as against the grounds of demurrer assigned. Following Mitchell v. Mitchell, 101 Ala. 183, 13 South. 147, we held that such a bill cannot be maintained by the husband against the wife, over her objection, when the land constitutes the homestead.

The question of homestead, vel non, was made an issue on the hearing upon the merits and…