Baines v. Jordan

STEAGALL, Justice.

Plaintiff, Bertha Jean G. Baines, appeals from a Rule 12(b)(6), A.R.Civ.P.. dismissal of a complaint for the partition or sale of certain lands. We reverse and remand.

A deed to the land in question was recorded in the names of James Jordan and *949his wife, lia M. Jordan. On August 1, 1972, they gave a mortgage to the Farmer’s Home Administration (“Fm.H.A.”). Thereafter, Ila Jordan died, whereby title to the property vested in her husband, James Jordan, through a survivorship provision. Subsequently, Jordan married Bertha Jean G. Baines and purported to convey the property in…