Sheffield Coal & Iron Co. v. Alabama Fuel & Iron Co.
Supreme Court of Alabama
Appeal from Franklin Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Alabama Fuel & Iron Company against the Sheffield Coal & Iron Company, for the sale of certain coal lands for partition among the joint owners thereof. From a decree declaring that the lands could not be equitably partitioned in kind, and ordering a sale thereof, respondents appeal.
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Appeal from Franklin Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Alabama Fuel & Iron Company against the Sheffield Coal & Iron Company, for the sale of certain coal lands for partition among the joint owners thereof. From a decree declaring that the lands could not be equitably partitioned in kind, and ordering a sale thereof, respondents appeal. Counsel insists that the testimony does not justify the decree rendered, and in support thereof cites Keaton v. Terry, 93 Ala. 85; 30 Cyc. 174.
1Opinion of the CourtMcCLELLAN, J.
The appellant is the owner of an undivided one-third interest in the 220 acres described in the bill; and the appellee is the owner of an undivided two-thirds interest in said lands. The appellee filed this bill, seeking a sale of the lands for division upon the ground that the lands could not be fairly and equitably partitioned in kind in proportions to which each is entitled. The chancellor awarded the relief sought and ordered the sale.. The single matter argued here is the pure question of fact whether, as averred, the lands could not be fairly and equitably partitioned. Every element of…
2Cited by10 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- White v. SmythTexas Supreme Court · 1948
- Musgrove v. AldridgeSupreme Court of Alabama · 1920
- White v. SmythCourt of Appeals of Texas · 1947
- Stern v. Great Southern Land Co.Mississippi Supreme Court · 1927
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