Mizell v. Walley

STAKELY, Justice.

This is an appeal from a decree of the equity court overruling the demurrer to a bill of complaint filed for the purpose of selling land for division among joint owners or tenants in common. The only question presented on this appeal is whether the complainant Mary Jane Gibson Walley (appellee) can maintain the bill. We do not think she can.

Emily Jane Stremich died intestate on March 3, 1946. At fhe time of her death she was the owner of the land involved in this litigation comprising 79 acres situated in Washington County, Alabama. She had married three times and was…