Cobb v. Frink
Supreme Court of Alabama
Appeal from Chancery Court, Conecuh ■County; O. S. Lewis, Chancellor. Suit by Mary Ella Cobb against Katie Bowles Frink and others. Decree for defendants, and plaintiff appeals.
1Opinion of the CourtMcCLEDDAN, J.
[1] This bill, which seeks a sale of land for-division of the proceeds, is filed by the holder of a life estate only. The chancellor entertained the opinion, and accordingly decreed, that the owner of a life estate only could not compel the sale of lands under the laws providing for the sale of land owned by tenants in common. 1-Iis conclusion was correct, and is pointedly sustained by our case of Kelly v. Deegan, 111 Ala. 152, 20 South. 378. It was there soundly said:
“The indispensable element of every compulsory partition is a cotenancy. Whatever other relation may exist, if this relation…
2Cases cited8 opinions
- Kelly v. DeeganSupreme Court of Alabama · 1895
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Fies v. RosserSupreme Court of Alabama · 1909
- Wheat v. WheatSupreme Court of Alabama · 1914
- Letcher v. AllenSupreme Court of Alabama · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Shrout v. SealeSupreme Court of Alabama · 1971
- Jordan v. WalkerSupreme Court of Alabama · 1917
- Compton v. CookSupreme Court of Alabama · 1953
- Beck v. KarrSupreme Court of Alabama · 1923
6 more not listed; retrieve them via the Exa API.