Court of Appeals for the Fifth Circuit March 18, 1952, 13748_1 (McClendon v. Straub)

RIVES, Circuit Judge.

On application, for rehearing appellants have properly pointed out that the case of Jefferson v. Jefferson, 250 Ala. 269, 33 So.2d 883, 885, is distinguishable from the present case because the widow there involved was the widow of a tenant in common who had died while a suit for -sale of the land for division was pending.