# Clark v. Whitfield

> Supreme Court of Alabama · April 23, 1925 · 213 Ala. 441

URL: https://www.frixlaw.com/law-library/cases/3253273

## Case

- **Full name:** CLARK Et Al. v. WHITFIELD Et Al.
- **Court:** Supreme Court of Alabama
- **Decided:** April 23, 1925
- **Citations:** 213 Ala. 441; 105 So. 200; 1925 Ala. LEXIS 368
- **Precedential status:** Published
- **Opinion:** Concurrence by Miller
- **Judges:** Anderson, Somerville, Bouldin, Sayre, Thomas, Miller, Gardner
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3253273

## Opinion text

SAYRE and MILLER, JJ.
(concurring). We do not doubt the propriety of selling an estate in land for partition subject to a lease
*448
■outstanding in a lessee not a party to the partition. But where the complaining cotenant holds a lease, as in this case, on mining property, we think equity requires that his leasehold interest should be disposed of along with the rest of the estate to the end that all co-owners may be upon an equal footing in bidding for the property, and that the effort of one of the complainants in this cause to withhold his lease from the sale proposed deprived the bill of equity. As for the other objections found against, we are unable at this time to ■express any definite opinion, for the reason that at this late day of the term we have been unable to examine with care the questions involved. Our judgment is that the bill is wanting in equity for the reason indicated. ■Of course we do not deny complainant’s right to be compensated for his lease.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3253273. Public record. Not legal advice.