Etheredge v. Etheredge

In a bill for the sale of lands for division among tenants in common, an averment of the necessity for a sale in general terms, to the effect that the lands cannot be equitably partitioned or divided without a sale for that purpose, is sufficient against demurrer. The special facts and conditions rendering inequitable a partition in kind are matters-of evidence, the burden being on complainant. Musgrove v. Aldridge, 205 Ala. 189, 87 So. 803; Jernigan v. Gibbs, 206 Ala. 93, 89 So. 196; Wood v. Barnett, 208 Ala. 295, 94 So. 338.

Complainant owns only a life estate in an undivided one-seventh…