Albreast v. Heaton

This is a declaratory action by complainant-appellant in which he seeks to be recognized as the only true and lawful ■owner in fee simple of certain real property in Conecuh County where his suit, in equity, was filed.

From an adverse decree holding that he is a tenant in common with respondents— some of whom filed a cross-bill to have the subject lands sold for division of the proceeds among the joint tenants in common— and ordering a sale of the lands for division as prayed, declaratory petitioner appeals.

The sole factual and legal question presented for determination on this appeal is…