Baldwin v. Baldwin

The plaintiff, Bennie K. Baldwin, Jr., appeals the trial court's dismissal of his action seeking the partition of a 99-year leasehold in 10 acres of land. The plaintiff and defendant Leon C. Baldwin are co-tenants under the lease. The land is owned by defendant Fairhope Single Tax Corporation. We reverse and remand.

The dispositive issue in this case is whether the plaintiff is entitled to a partition under § 35-6-20, Code 1975. That section, in pertinent part, reads as follows:

"The circuit court shall have original jurisdiction to divide or partition, or sell for partition, any property, real…