Blue Lands Development, Inc. v. Broadus

Supreme Court of Alabama

Blue Lands Development, Inc. v. Broadus

396 So. 2d 69, 1981 Ala. LEXIS 3379

CourtSupreme Court of Alabama

DecidedMarch 24, 1981

DocketNo. 80-117

StatusPublished

Cited by2 cases

This text of 396 So. 2d 69 (Blue Lands Development, Inc. v. Broadus) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blue Lands Development, Inc. v. Broadus, 396 So. 2d 69, 1981 Ala. LEXIS 3379 (Ala. 1981).

Pincite

Opinion

PER CURIAM.

The issue presented: Absent consent of a life tenant, can a cotenant (joint owner of a vested remainder interest in real property) maintain an action to partition or sell for partition pursuant to Code 1975, § 35-6-20, subject-to the existing life estate?

[70]*70The trial court answered this question in the negative, dismissing the suit for partition or sale for division of the proceeds. We affirm on the authority of Chapman v. York, 208 Ala. 274, 94 So. 90 (1922). See, also, Bedsole v. Bedsole, 272 Ala. 589, 133 So.2d 237 (1961); and Michael v. Davis, 372 So.2d 304 (Ala.1979). For an excellent statement of the rule and its rationale, see 59 Am.Jur.2d Partition § 170 (1971).

AFFIRMED.

TORBERT, C. J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur.

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