Musgrove v. Aldridge
Supreme Court of Alabama
Appeal from Circuit Court, Walker Counr ty; ,T. J. Curtis, Judge. Bill by A. B. Aldridge against L. B. Musgrove for tbo sale of certain mineral interest in land among joint owners or tenants in common. Prom a decree for complainant, respondent appeals. The bill did not aver facts sufficient to show that partition in kind was impractica-' ble. 93 Ala. 85, 9 South. 524. Partition in kind was practical under the evidence. 90 Ala. 164, 8 South. 715, 24 Am.
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Appeal from Circuit Court, Walker Counr ty; ,T. J. Curtis, Judge. Bill by A. B. Aldridge against L. B. Musgrove for tbo sale of certain mineral interest in land among joint owners or tenants in common. Prom a decree for complainant, respondent appeals. The bill did not aver facts sufficient to show that partition in kind was impractica-' ble. 93 Ala. 85, 9 South. 524. Partition in kind was practical under the evidence. 90 Ala. 164, 8 South. 715, 24 Am. St. Rep. 778; 93 Ala. 85, 9 South. 524; 139 Ala. 319, 35 South. 998; 89 Ala. 455, 8 South. 40; 98 Ala. 363, 11 South. 743, 39 Am. St. Rep. 67.…
1Opinion of the CourtBrown, J.
This bill is filed by the appellee against the appellant for the sale of “all the coal, iron, and other minerals in, 'under, and upon [the lands described in the bill], together with all the necessary and usual mining rights.”
After averring that the parties are joint owners or tenants in common of said mineral interests or mining rights, each owning an undivided one-half interest therein, the bill contains the further averment:
“That said land cannot be equitably partitioned or divided among the said tenants in common or joint owners without a sale thereof.”
[1] The bill was demurred to on the…
2Cases cited8 opinions
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Carson v. SleighSupreme Court of Alabama · 1917
- Hall v. VernonWest Virginia Supreme Court · 1899
- Wheat v. WheatSupreme Court of Alabama · 1914
- Smith v. WitcherSupreme Court of Alabama · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dent v. FoySupreme Court of Alabama · 1925
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- White v. SmythTexas Supreme Court · 1948
- Leddon v. StricklandSupreme Court of Alabama · 1928
- Wood v. BarnettSupreme Court of Alabama · 1922
11 more not listed; retrieve them via the Exa API.