Washington v. Johnson
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The case involves siblings Kim J. Washington and Katrina J. Williams who filed a lawsuit against their brother Elrick Earl Johnson seeking to partition a jointly owned real property. The property in question is "heirs property" under the Alabama Uniform Partition of Heirs Property Act ("the Heirs Act"). The plaintiffs proposed to sell the property, a plan Johnson disagreed with, arguing that the property could be partitioned in kind.
The Baldwin Circuit Court conducted a bench trial on the matter. The plaintiffs argued that the property was incapable of being equally and equitably partitioned in kind, hence their request for the property to be sold and the proceeds divided among the parties according to their respective ownership interests. Johnson, on the other hand, disputed this claim, suggesting that the property could be partitioned in kind.
The trial court granted Johnson's motion for a judgment as a matter of law, finding that the plaintiffs failed to meet their burden of proof that the property could not be equitably divided. The court did not order that the property be partitioned in kind or otherwise equitably divided.
The Supreme Court of Alabama affirmed in part and reversed in part. The court agreed with the trial court's finding that the property could be partitioned in kind. However, it reversed the trial court's judgment to the extent that it failed to order that the property be partitioned in kind, as required by the Heirs Act. The case was remanded for further proceedings consistent with this opinion.
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