45 Ala. 290 | Ala. | 1871
The appellant applied to the probate court to sell for division a tract of land of which, as alleged, he and the appellee were joint owners or tenants in common. The appellee denied the petitioner’s ownership and possession generally. On the hearing, the applicant offered in evidence to prove his title a mortgage from Michael Madden, the husband of the contestant, of an undivided half of the land to J. W. Harper, a deed from Mary P. Harper, as executrix of J. W. Harper, to Henry A Young, reciting a sale to Young under the mortgage, and' a conveyance from Young to the petitioner. This evidence was excluded by the court at the instance of the contestant, and the petition was dismissed. From this judgment the appeal is taken.
Section hl20 of the Revised Code authoi’izes the probate court to decree a sale of all property, whether real, personal or mixed, held by joint owners or tenants in com
The judgment is reversed, and the cause remanded.