Wheat v. Wheat
Supreme Court of Alabama
Appeal from. Macon Chancery Court. Heard before Hon. L. D. Gardner. Bill by Moses H. Wheat and others against Jessie L. Wheat and others, for partition of certain land. Decree on demurrer for complainants, and respondents appeal.
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Appeal from. Macon Chancery Court. Heard before Hon. L. D. Gardner. Bill by Moses H. Wheat and others against Jessie L. Wheat and others, for partition of certain land. Decree on demurrer for complainants, and respondents appeal. It is alleged that complainants, jointly with the respondents named herein, own certain lands described in the bill located in Macon county, Ala., and that complainants and respondents together own all of said land in the proportions set forth in the bill. Complainants allege that the real estate cannot be equitably divided or partitioned among the joint owners…
1Opinion of the Court
SAYRE, J.(1) It is urged for appellants, on the authority of Wilkinson v. Stuart, 74 Ala. 198, that there can be no- partition or sale for division of the land in question because some of the parties own interests in remainder. In the case relied upon, the parties —all the parties — had only an estate in reversion. In that case, there being no present right of occupancy, it was held in consonance with the authorities generally that no partition could be awarded. But our cases also hold that, where the party complainant owns a present interest and is entitled to immediate possession and…
2Cases cited12 opinions
- Kidd v. BorumSupreme Court of Alabama · 1913
- Ashford v. AshfordSupreme Court of Alabama · 1902
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Fies v. RosserSupreme Court of Alabama · 1909
- Wilkinson v. StuartSupreme Court of Alabama · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
- Shrout v. SealeSupreme Court of Alabama · 1971
- Wood v. BarnettSupreme Court of Alabama · 1922
- Jordan v. WalkerSupreme Court of Alabama · 1917
19 more not listed; retrieve them via the Exa API.