Gibbons v. Allen

BEATTY, Justice.

This is an appeal from a decree ordering the sale of certain real property for division. We reverse and remand.

The plaintiffs-appellees filed their complaint on December 6, 1978, alleging that they and the defendants were tenants in common of certain real estate in Autauga County, that it could not be equitably divided without a sale of it for division, and prayed for that sale and division of the proceeds. The complaint was amended on January 15, 1979, in order to realign some of the parties. On May 17, 1979, six of the defendants filed an answer and counterclaim to the…