COTTINGHAM et al. v. LOVE

(99 South. 907) COTTINGHAM et al. v. LOVE. (2 Div. 793.) (Supreme Court of Alabama. April 24, 1924.) 'Partition <$&wkey;12(5) — May be maintained by life tenant of fractional interest. A life tenant in a fractional interest might maintain a bill for sale of land for division among joint owners. Appeal from Circuit Court, Bibb County; ■S. E. Hobbs, Judge. Bill in equity by Robert Love against Emma Cottingham and E. M. Cottingham for sale of lands for division among joint owners. Erom a decree overruling demurrer to the bill, respondents appeal. Affirmed. Ellison & Dominick, of Birmingham, for appellants. Counsel assert that the authorities are to the contrary of the doctrine of the demurrers to the bill. Percy, Benners & Burr, of Birmingham, for appellee. Appellant confesses that there is no merit in the appeal. It should be affirmed. [MAJORITY — GARDNER, J.] 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. other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes