Fitts v. Craddock
Supreme Court of Alabama
Appeal from the Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Bill by William F. Fitts against Lucy Craddoclc and others for sale of a certain lot named therein for partition. Berry and Craddock owned, each, an undivided half interest in a certain lot in Tuscaloosa. Berry conveyed his interest to William F. Fitts.
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Appeal from the Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Bill by William F. Fitts against Lucy Craddoclc and others for sale of a certain lot named therein for partition. Berry and Craddock owned, each, an undivided half interest in a certain lot in Tuscaloosa. Berry conveyed his interest to William F. Fitts. Craddock died leaving a will by which he left to his widow, Lucy Craddock, a life estate in this lot, with a remainder in his children Fitts acquired the life estate of the widow. The proof showed that the land could not be equitably divided among the several point…
1Opinion of the CourtTyson, J.
The real estate sought to be sold for partition, prior to the acquisition by complainant of any interest therein, was owned jointly by Berry and Craddock each owning an undivided one-half interest.
Complainant acquired Berry’s interest. Craddock died leaving a will, by which he devised to his wife a life estate in the property and a remainder to a certain named person or persons, who are made parties respondent to the' bill. Complainant acquired this life estate. It is shown that the property could not be equitably divided.
On motion the bill was dismissed for want of equity.
At one time it was…
2Cases cited2 opinions
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Gayle v. JohnstonSupreme Court of Alabama · 1885
3Cited by28 opinions
- Shrout v. SealeSupreme Court of Alabama · 1971
- Fies v. RosserSupreme Court of Alabama · 1909
- Wheat v. WheatSupreme Court of Alabama · 1914
- Moore v. PriceSupreme Court of Florida · 1929
- Letcher v. AllenSupreme Court of Alabama · 1913
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