Moore v. McNider

The defendant, Dora Lee Barren Moore, appeals the judgment of the trial court, based on ore tenus evidence, that partitioned 240.67 acres of land pursuant to Code 1975, § 35-6-20. We affirm.

The issue is whether the evidence in this case, which was tried ore tenus, supported the trial court's conclusion that the land could be equitably partitioned among the plaintiffs and the defendant as co-tenants.

In 1985, plaintiffs John Bruce McNider; Merchants National Bank of Mobile, as successor executor of the estate of Albert Sidney Johnson; Gregory Oris McNider; William E. Downey; and Erlene S.…