Owens v. Washington

69 So.2d 694 (1953)

OWENS

v.

WASHINGTON et al.

2 Div. 320.

Supreme Court of Alabama.

November 19, 1953.

Rehearing Denied January 14, 1954.

Harry W. Gamble and T. G. Gayle, Selma, for appellant.

Pettus, Fuller, Reeves & Stewart, Selma and Harry B. Cohen, Birmingham, for appellees.

SIMPSON, Justice.

This is an appeal from an equity decree based on a jury's verdict at law on an "issue out of equity."

Will Duncan died intestate owning certain real property in Dallas County, Alabama, and this proceeding was instituted by appellant, a niece of intestate, to sell the property for division of proceeds among his…