Blount County Bank v. Barnes

Section 5849 of the Code declares:

"Lands of an estate may be sold by order of the probate court having jurisdiction of the estate, when the same cannot be equitably divided among the heirs or devisees, when an adult heir or devisee files his written consent that the land be sold."

The last clause of this statute was incorporated therein for the first time in the Code of 1907.

The law applicable to this case is clearly and fully stated in Sermon v. Black, 79 Ala. 507, 509, as follows:

"If there be any question which has been settled by the decisions of this court beyond the pale of doubt or…