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BLUE LANDS DEVELOPMENT, INC. v. BROADUS

No. 80-117.

396 So.2d 69 (1981)

BLUE LANDS DEVELOPMENT, INC. v. James BROADUS; Laura Broadus; and Ellen Broadus Miller.

Supreme Court of Alabama.

March 24, 1981.

Attorney(s) appearing for the Case

W. Borden Strickland of Strickland & Cunningham, Mobile, for appellant.

Stephen R. Windom and Joseph P. Jones, Jr. of McDermott, Slepian, Windom & Reed, Mobile, for appellees.

PER CURIAM.

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 partition 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...

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