McLeod v. McLeod Partnership

HOLMES, Retired Appellate Judge.

Katie N. McLeod appeals from the trial court’s denial of her motion for a new trial, pursuant to Rule 59, Aa. R. Civ. P. We reverse and remand.

Our review of the record reveals the following pertinent facts: Katie N. McLeod (wife) and G. Monroe McLeod (husband) were apparently married for a long time. During their marriage, each party acquired an undivided one-half interest in approximately 40 acres of real property located in Baldwin County, Aabama.

In July 1993, unbeknownst to the wife, the husband sold his one-half undivided interest in the property to the…