Miles v. Miles

• Decision Date: 22 December 1921
• Docket Number: 6 Div. 404.
• Citation: Miles v. Miles, 207 Ala. 57, 91 So. 886 (Ala. 1921)
• Parties: MILES v. MILES.
• Court: Alabama Supreme Court

91 So. 886

207 Ala. 57

MILES v. MILES.

6 Div. 404.

Supreme Court of Alabama

December 22, 1921

Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge.

Bill by Tom Miles against Sallie Miles, to sell certain lots and a house for division. From a decree overruling demurrers to the bill, respondents appeal. Affirmed.

Though a bill for the sale of land for division alleged merely that it could not be equitably divided, and did not go further and show an inequality of value or other physical facts than that one lot was improved and others not, it was not subject to demurrers on the ground that it showed on its face that the property could be equitably divided, and that there was no physical obstacle to its division.

It appears from the bill that lots 8, 9, and 10 were conveyed to Tom and Sallie Miles, and that there was a house on lot 8 but the other two lots were vacant. It is alleged in paragraph 3:

"That none of said lots were used as a homestead for the complainant or respondent."

The bill was later amended by striking out paragraph 4 and certain parts of the prayer and adding the following as paragraph 4:

(4) Complainant avers that, at the time your complainant purchased lots 8, 9 and 10, and more particularly described or referred to in paragraph third of this bill, they were each vacant; that your complainant paid all the purchase money for said lots, notwithstanding the facts the deeds read or name Tom Miles and Sallie Miles as the grantees therein. Complainant avers further that, some time after he had finished paying for the said lots, complainant had a house erected on said lot 10 for a home, that costs, to wit, $750 which amount your complainant paid in full, by paying monthly payments to the party who erected it or had it done for him that your complainant permitted his married son, Sherman, to erect a house on lot 8, to be occupied by his family as a home, on condition that Sherman was to furnish the material and also erect the building, for being permitted to stay on the property and not have to pay any rent for the lot. Complainant alleges that during the year 1915, while the complainant was away from home at work for a week or more for the full value of the property, on the said house erected by your complainant on lot 10, and which they, the complainant and respondent were at that time occupying as a homestead together as man and wife, that upon complainants return from his work within a short time thereafter, the respondent informed him that she had had the home insured. Shortly thereafter, and during the year 1915, and while the complainant was again away from home at work, the house erected by your complainant, or which he had erected, on lot 10, as set out above in this paragraph, was totally destroyed by fire. Complainant avers further that the respondent, Sallie Miles, collected during the year 1915, to wit, $873.93, as insurance money for the loss and destruction of the said house and lot erected and paid for fully by your complainant, Tom Miles, said house being on lot 10 as described above in this paragraph. Complainant did not know that the said insurance policy was made out to Sallie Miles alone as the owner of said property until shortly after Sallie Miles had recovered the full value of the property. Complainant demanded of the respondent, Sallie Miles, his share or part of said insurance money, complainant's part being $436.96, at which time the respondent informed complainant that it was her money alone, and refused, and still refuses, to pay over to your complainant his part of the said insurance money, which is $436.96. Complainant avers that the respondent did not rebuild a house to replace the one destroyed by fire. Complainant avers that Sallie Miles has held, and is still holding, complainant's part of the said money as trust property for your complainant, said amount being $436.96. Complainant further alleges that the respondent is now due your complainant interest on the trust money, $436.96, so held by her as stated in this paragraph from the time she collected same in the year 1915, which amount is $174.78, a total of $611.74, which is all due and unpaid.

Complainant avers that the lots 8, 9, and 10, as described in paragraph third of this bill, cannot be equitably divided, as there is a house erected on lot, and the other two lots are vacant therefore this bill is filed for the purpose of having the said three lots,...