Carden v. Vanderslice

Supreme Court of Alabama

Carden v. Vanderslice

336 So. 2d 1082, 1976 Ala. LEXIS 1767

CourtSupreme Court of Alabama

DecidedAugust 13, 1976

DocketSC 1600

StatusPublished

Cited by4 cases

This text of 336 So. 2d 1082 (Carden v. Vanderslice) 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

Carden v. Vanderslice, 336 So. 2d 1082, 1976 Ala. LEXIS 1767 (Ala. 1976).

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Opinion

MADDOX, Justice.

The trial court ordered a 60-acre tract, owned jointly by 18 individuals as tenants in common, sold for division on the ground that the land could not be equitably divided in kind. We affirm.

The plaintiffs had the burden to prove that a fair and equitable partition of the land could not be made. We find that they sustained their burden by proof, especially in view of the presumption in favor of the trial court’s findings since he saw and heard the witnesses. Meador v. Meador, 255 Ala. 688, 53 So.2d 546 (1951).

The record shows that attempts at division were made before the suit was filed, without success. Also, the nature of the terrain, the location of improvements and roads on the land and the number of interests — some owning one-fifth, others, one-fortieth — are facts which support the trial court’s finding that equitable division in kind could not be accomplished.

AFFIRMED.

FAULKNER, SHORES, EMBRY and BEATTY, JJ., concur.

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