Harvey v. Jenkins

THOMAS,. J.

There was a bill for the sale of real and personal property, and machinery affixed thereto, for division.

The answer and cross-bill denied the right, title or ownership of the original complainant ; averred the joint ownership to he in another, who was brought in as a party, and a sale for partition sought. Section 9331, Code; Ann. Code 1928; Sandlin v. Anders, 210 Ala. 396, 98 So. 299; Clark v. Whitfield, 213 Ala. 441, 105 So. 200, and authorities.

The respective right, title, and interest of the parties who are joint owners should be ascertained before the order of sale by a court…