Cotton v. McMurtry

The instant case involves two questions: Whether there was sufficient evidence offered by the plaintiffs to support the ordered sale of land pursuant to Code 1975, § 35-6-20; and whether the trial court erred in allowing plaintiffs to amend their complaint following the trial, but prior to the entry of the trial court's order, so as to remove a parcel of land from the trial court's consideration in the sale for division proceedings.

This suit was brought to sell for division land held by co-tenants. The parties stipulated that defendant-appellant, Doris Cotton, owned an undivided three-fourths…