93 So. 387 | Ala. | 1922
This bill, filed by appellee against L. B. Musgrove and others, seeks the sale of lands for division of the proceeds among tenants in common. The bill's averments of the necessity for the sale for division are sufficient. Musgrove v. Aldridge,
The ground of demurrer addressed to the feature of the bill praying the ascertainment and payment of attorney's fees, in the contingency prescribed in the statute, was overruled without error; that phase of the prayer being surplusage. Smith v. Witcher,
The decree overruling the demurrers of appellants is affirmed.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.
