Cottingham v. Love

Supreme Court of Alabama
Cottingham v. Love, 99 So. 907 (Ala. 1924)
211 Ala. 152; 1924 Ala. LEXIS 454
Gardner, Anderson, Sayre, Milder

Cottingham v. Love

Opinion of the Court

GARDNER, J.

Appellee, as a life tenant to an undivided interest in certain lands situated in Bibb county, filed this bill against appellants for a sale of said lands for division among the joint owners thereof. Appellants’ demurrer takes the point that such life tenant could not maintain a bill of this character. The life tenancy is as to a fractional interest in the land, and the demurrer to the bill was properly overruled, under the following, among other, authorities: McQueen v. Turner, 91 Ala. 273, 8 South. 863; Fitts v. Craddock, 144 Ala. 437, 39 South. 506, 113 Am. St. Rep. 53; Fies v. Rosser, 162 Ala. 504, 50 South. 287; Hollis v. Watkins, 181 Ala. 248, 61 South. 893; Jordan v. Walker, 201 Ala. 248, 77 South. 838; Wheat v. Wheat, 190 Ala. 461, 67 South. 417; Chapman v. York, 208 Ala. 274, 94 South. 90.

The decree of the court below will therefore be here affirmed.

Affirmed.

ANDERSON, C. J., and SAYRE and MILDER, JJ., concur.

Reference

Full Case Name
COTTINGHAM Et Al. v. LOVE
Cited By
2 cases
Status
Published