Keaton v. Terry
Supreme Court of Alabama
Bill in Equity for Partition of Lands, or Sale for Distribution. Appeal from the Chancery Court of Coffee. Heard before the Hon. John A. Foster.
1Opinion of the CourtColeman, J.
— Partition is a matter of right, and this right can not be defeated by showing that a partition would cause inconvenience, or even injury, to the tenants in common, or some of them. By reason of the extensive powers of a court of chancery in suits for partition, a case will seldom arise where a court of chancery, through the principle of owelty, or some other appropriate order, can not make an equitable partition. — McEvoy v. Leonard, 89 Ala. 457; Freeman on Co-tenancy and Partition, §§ 433, 507.
*86It is equally well settled that a sale of lands for distribution is not a matter of unconditional…
2Cases cited2 opinions
- McMath v. DeBardelabenSupreme Court of Alabama · 1883
- Deloney v. WalkerSupreme Court of Alabama · 1839
3Cited by7 opinions
- Stein v. McGrathSupreme Court of Alabama · 1900
- Etowah Mining Co. v. Wills Valley Mining & Mfg. Co.Supreme Court of Alabama · 1898
- Meador v. MeadorSupreme Court of Alabama · 1951
- Musgrove v. AldridgeSupreme Court of Alabama · 1920
- Jernigan v. GibbsSupreme Court of Alabama · 1921
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