Dixon v. Sims

ALMON, Justice.

This is a suit by a holder of a cotenancy interest for an injunction against the lessee of the other cotenant to restrain the lessee from trespassing or interfering with the plaintiffs possessory interest in the property. The trial court denied relief, and plaintiff appeals.

Nolan and Geneva Bowling, husband and wife, acquired ten acres of land in Cherokee County, Alabama, in 1978. On October 1, 1981, they were divorced in Georgia. As part of the separation agreement, Nolan was given possession of the ten acres and ordered to pay Geneva $4500 by October 1, 1982. Upon the payment…