Street v. Watts
Street v. Watts
Opinion of the Court
The bill in this ease is a hybrid. It is not easy to classify, or correctly name it. It seeks several different kinds of relief. It seeks a sale for distribution, but is defective or lacking as for this purpose, in that it alleges no tenancy in common.
The case is not brought within the rule announced in Fitts v. Craddock, 144 Ala. 437, 39 South. 506, 113 Am. St. Rep. 53, or Code, § 5231, because no tenancy in common is shown. The tenancies alleged are in severalty, not in common; each, of course, has an interest in the same land, but not in common; but in different estates, one for life, the other in remainder. In Fitts v. Craddock, supra, complainant was a tenant in common with Craddock, both as to the remainder, and owned all the life estate. The relation of tenants in common was there shown to exist. This distinction was pointed out by this court in the case of Fies v. Rosser, 162 Ala. 504, 50 South. 287, 136 Am. St. Rep. 57; Hollis v. Watkins, 181 Ala. 248, 61 South. 893; Shannon v. Ogletree, 200 Ala. 539, 76 South. 865; Cobb v. Frink, 200 Ala. 191, 75 South. 939; Jordan v. Walker, 201 Ala. 248, 77 South. 838.
Appellant claims that it is a bill to sell land for partition and distribution among tenants in common, and seeks the other relief as incidental to the main equity. We have shown that it has no main equity as for partition, and hence no relief could be had which is sought as merely incidental to the main equity.
We find no error in the decree of the trial court, and the decree is in all things affirmed.
Affirmed.
Reference
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- STREET v. WATTS Et Al.
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