Cottingham v. Love
COTTINGHAM Et Al. 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.
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