Finch v. Smith
Supreme Court of Alabama
Appeal from Bibb Probate Court. Heard before Hon. W. L. Pratt. Fiucb wlio owned a one-twelfth interest in certain land filed a petition in the probate court to have the same sold for partition, on the ground that the same could not be equitably divided or partitioned except by sale. It appears from the petition that upon all this land was a lease with ten years yet to run providing for the taking of all the coal on the land and the payment therefor in royalty.
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Appeal from Bibb Probate Court. Heard before Hon. W. L. Pratt. Fiucb wlio owned a one-twelfth interest in certain land filed a petition in the probate court to have the same sold for partition, on the ground that the same could not be equitably divided or partitioned except by sale. It appears from the petition that upon all this land was a lease with ten years yet to run providing for the taking of all the coal on the land and the payment therefor in royalty. Kespondents answered denying that the land could not be equitably divided and setting up the outstanding lease and a willingness and…
1Opinion of the CourtSimpson, J.
This was a petition for the sale of certain property for partition among joint owners. The petition as amended alleges that the petitioner and the defendants own a certain tract of land “subject to a certain lease,” etc., and prays that said real estate be sold for partition.
Much of the evidence and also of the argument is devoted to the question as to whether a partition of the land could be made; it being contended that, on account of the coal and expense of ascertaining how much coal lies under the land, such a subdivision of it would be impossible. The averments and the evidence show that…
2Cases cited18 opinions
- Warren v. WagnerSupreme Court of Alabama · 1883
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Donnor v. QuartermasSupreme Court of Alabama · 1890
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Willard v. WillardSupreme Court of the United States · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Nevin v. CatanachSupreme Court of Pennsylvania · 1919
- Morris v. McElroyAlabama Court of Appeals · 1929
- Sockwell v. HydeSupreme Court of Alabama · 1986
- Vinyard v. HayesAlabama Court of Appeals · 1942
2 more not listed; retrieve them via the Exa API.