Divine v. Divine

Opinion op the Court by

Judge Latimer

Affirming,

The sole question is whether or not the owners of a life estate, who also own fee simple title to and in possession of a fractional part of real estate which has been sold under Section 490 of the Civil Code of Practice, are entitled to receive the cash value of their interest in that portion of the land in which they own a life estate according to the expectancy of the life tenant upon whose life such estate is predicated.

The plaintiffs below owned a 45/100 of the land sold in fee. The appellants owned 1/10 in fee and a vested life estate in the…