Kendrick v. Ward

STAKELY, Justice.

This is an appeal from a final decree of the equity court directing the sale of real estate for division among joint owners or tenants in common. The case presents a question relating to security for costs under § 59, Title 11, Code of 1940, where the suit is commenced by a nonresident. The original bill was filed by Gladys Mae Ward (one of the appellees) against E. W. Kendrick (appellant). It alleges that complainant owns an undivided one-third interest in the property and respondent an undivided two-thirds interest.

On motion of respondent to require complainant to give…