Laired v. Salata

This case involves a property dispute between a brother and a sister and their respective children. The precise issue presented is whether a life tenant can join with his children, who are remaindermen, to partition a tract of land, or have it sold for a division of the proceeds, when the other life tenant (his sister) and remaindermen (his sister’s children) oppose the partition or sale.

The trial court granted the sister’s motion for summary judgment, on the authority of Blue Lands Development, Inc. v. Broadus, 396 So.2d 69 (Ala.1981), wherein this court held that, absent the consent of a…