Hutchinson v. Miller

I concur in the main opinion. I write specially to clarify that the primary issue on appeal is the proper interpretation of §§ 35-6-40 and 35-6-58, Ala. Code 1975, the statutes that respectively govern the partition and sale for division of property by the probate courts. Section 35-6-40 states:

"Any property, real, personal or mixed, held by joint owners or tenants in common, may be divided among them, on the written application of one or more of them to the probate court of the county in which the property is situated; and such application may be made by the executor or administrator of a…