Hollis v. Watkins
Supreme Court of Alabama
Appeal from Lamar Chancery Court. Heard before Hon. William H. Simpson. Bill by Della Watkins against J. L. Hollis, and another, for partition. From a decree overruling demurrers to the bill, respondents appeal. The bill shows that two of the respondents own a life estate in an undivided one-third and a one-half interest in the land sought to be divided.
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Appeal from Lamar Chancery Court. Heard before Hon. William H. Simpson. Bill by Della Watkins against J. L. Hollis, and another, for partition. From a decree overruling demurrers to the bill, respondents appeal. The bill shows that two of the respondents own a life estate in an undivided one-third and a one-half interest in the land sought to be divided. This was pointed out by demurrer, and the demurrers should have been sustained. — Wilkinson v. Stewart, 74 Ala. 198. All the parties were tenants in common and there was nothing shown in the bill to defeat the right of partition. — McQueen,…
1Opinion of the CourtSomerville, J.
The bill is for the sale of real estate for division among tenants in common, and alleges that complainant and six of the respondents own each an undivided one-seventh interest therein, subject to an undivided one-sixth and one-fourth interest for life vested severally in the . other two respondents.
In this state of the title, all of the parties are tenants in common, and the fact that two of them hold only for life is no bar to a sale for division. — Fitts v. Craddock, 144 Ala. 437, 39 South. 506; McQueen v. Turner, 91 Ala. 273, 8 South. 863; Gayle v. Johnson, 80 Ala. 395. The case of…
2Cases cited4 opinions
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Wilkinson v. StuartSupreme Court of Alabama · 1883
3Cited by6 opinions
- Shrout v. SealeSupreme Court of Alabama · 1971
- Beck v. KarrSupreme Court of Alabama · 1923
- Street v. WattsSupreme Court of Alabama · 1919
- Cobb v. FrinkSupreme Court of Alabama · 1917
- Turley v. TurleyCourt of Appeals of Kentucky · 1921
1 more not listed; retrieve them via the Exa API.