Freeney v. Stallworth

EMBRY, Justice.

The issue here is whether defendants to an action of partition and sale for division are entitled to a jury trial on demand. We hold they are and reverse.

Plaintiffs, the Stallworths and others, petitioned that a tract of land in Covington County be sold for division, alleging that they and defendants were joint owners, or tenants in common, of the property. Five of defendants, one of whom, Jacob Freeney, is appellant here, filed an answer that denied plaintiffs’ interest in the land, and alleged that Antnie (Anntie) Freeney was the true owner of the property, having acquired…