Cottingham v. Love

99 So. 907, 211 Ala. 152, 1924 Ala. LEXIS 454

• Court: Supreme Court of Alabama
• Decided: April 24, 1924
• Docket: 2 Div. 793.
• Status: Published

Opinion

GARDNER, J.

Appellee, as a life tenant to an undivided interest in certain lands situated in Bibb county, filed this bill against appellants for a sale of said lands for division among the joint owners thereof. Appellants’ demurrer takes the point that such life tenant could not maintain a bill of this character. The life tenancy is as to a fractional interest in the land, and the demurrer to the bill was properly overruled, under the following, among other, authorities: McQueen v. Turner, 91 Ala. 273, 8 South. 863; Fitts v. Craddock, 144 Ala. 437, 39 South. 506, 113 Am. St. Rep. 53; Fies v. Rosser, 162 Ala. 504, 50 South. 287; Hollis v. Watkins, 181 Ala. 248, 61 South. 893; Jordan v. Walker, 201 Ala. 248, 77 South. 838; Wheat v. Wheat, 190 Ala. 461, 67 South. 417; Chapman v. York, 208 Ala. 274, 94 South. 90.

The decree of the court below will therefore be here affirmed.

Affirmed.

ANDERSON, C. J., and SAYRE and MILDER, JJ., concur.