Owens v. Washington

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 collateral kin. Appellees intervened in the case, claiming they were the children of intestate’s son, Eddie Duncan, were therefore the grandchildren of Will Duncan and his sole heirs at law.

The contested issue in the case was whether or not Eddie Duncan, father of…