Opinion
8 Div. 277.
June 27, 1931. Rehearing Denied October 15, 1931.
Appeal from Circuit Court, Morgan County; Jas. E. Horton, Judge.
E. W. Godbey, of Decatur, for appellant.
Where the estate is particular, its commencement must be shown. 21 Cyc. Pl. Pr. 728; 24 Stand. Cyc. Proc. 831; Jones v. Rogers, 85 Miss. 802, 38 So. 742. The term "fractional lot" would advise no one as to the extent of the property. Definiteness of description is an important factor in the mind of a prospective purchaser. Code 1923, § 6661; Pate v. Hall, 220 Ala. 411, 125 So. 652; Whitehead v. Boutwell, 218 Ala. 112, 117 So. 623.
A. J. Harris, of Decatur, for appellee.
Brief did not reach the Reporter.
In a bill for sale of lands for division, the averment: "The complainant owns a one-third undivided interest for life and the defendant is the owner of a two-thirds undivided interest in fee simple and owns the remainder of complainant's one-third undivided interest for life," sufficiently sets forth the interests of the parties, and that all the joint owners are before the court.
How their respective interests were acquired, and muniments of title, are matters of evidence. Henderson v. Stinson, 207 Ala. 365, 92 So. 453; Curlee v. Scott, 207 Ala. 478, 93 So. 393; Foley v. Brock, 173 Ala. 336, 56 So. 207.
The description of the property is sufficient. It clearly identifies each of the two parcels of land.
The demurrer was properly overruled.
Affirmed.
ANDERSON, C. J., and GARDNER and FOSTER, JJ., concur.