Clements v. Faulk & Co.
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by Nettie Clements and others against T. S. Faulk & Co., and others for the sale of land for parti; tion. From a decree denying relief because the court was uncertain as to its power to order the sale, complainants appeal. This is a friendly suit for partition, and relief was denied because the chancellor doubted his power to make the sale.
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Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by Nettie Clements and others against T. S. Faulk & Co., and others for the sale of land for parti; tion. From a decree denying relief because the court was uncertain as to its power to order the sale, complainants appeal. This is a friendly suit for partition, and relief was denied because the chancellor doubted his power to make the sale. It is conceded that as against a life tenant or a tenant for years, the land may not be sold or partitioned without his consent where his estate extends to the whole land, and is not…
1Opinion of the Court
de GRAFFENRIED, J.
-The complainants, who are the widow and minor children of J. N. Clements, deceased, and to whom as such widow and minor children 160 acres of the lands of said deceased have been set apart as a homestead, filed this bill against the adult heirs of said Clements, or their grantees, and pray for *221a sale of said lands. The bill alleges that the lands cannot be equitably divided among the owners thereof, that all parties interested in the lands desire a sale thereof, that it is to the interest of the minors that the lands be sold, and prays that, when the sale is had and the…
2Cases cited1 opinion
- Fies v. RosserSupreme Court of Alabama · 1909
3Cited by20 opinions
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1929
- Harkins & Co. v. LewisSupreme Court of Alabama · 1988
- Wheat v. WheatSupreme Court of Alabama · 1914
- Powell v. PearsonSupreme Court of Alabama · 1929
- Hollis v. WatkinsSupreme Court of Alabama · 1914
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