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396 So. 2d 69

Blue Lands Development, Inc. v. Broadus

Supreme Court of Alabama

Decided March 24, 1981

Supreme Court of Alabama · decided 1981-03-24

Cited by 1 later decisions — most recently March 1995

1 state decisions

Key passage — most relied on by later courts

““The issue presented: Absent consent of a life tenant, can a cotenant (joint owner of a vested remainder interest in real property) maintain an action to partition or sell for [division of the proceeds] pursuant to Code 1975, § 35-6-20, subject to the existing life estate? “The trial court answered this question in the negative, dismissing the suit for partition or sale for division of the proceeds. We affirm on the authority of Chapman v. York, 208 Ala. 274 , 94 So. 90 (1922). See, also, Bedsole v. Bedsole, 272 Ala. 589 , 133 So.2d 237 (1961); and Michael v. Davis, 372 So.2d 304 (Ala.1979).””

quoted by 1 later decision, including Laired v. Salata

Relies on Chapman v. York · Bedsole v. Bedsole · Michael v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1981-03-24

View the full empirical analysis of this case →

PER CURIAM.

¶1The issue presented: Absent consent of a life tenant, can a cotenant (joint owner of a vested remainder interest in real property) maintain an action to partition or sell for partition pursuant to Code 1975, § 35-6-20, subject-to the existing life estate?

¶2*70The trial court answered this question in the negative, dismissing the suit for partition or sale for division of the proceeds. We affirm on the authority of Chapman v. York, 208 Ala. 274, 94 So. 90 (1922). See, also, Bedsole v. Bedsole, 272 Ala. 589, 133 So.2d 237 (1961); and Michael v. Davis, 372 So.2d 304 (Ala.1979). For an excellent statement of the rule and its rationale, see 59 Am.Jur.2d Partition § 170 (1971).

¶3AFFIRMED.

TORBERT, C. J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur.
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