Falkner v. Falkner

The first and most important thing to be understood and emphasized in this case is that it is not the traditional accounting case between joint tenants or tenants in common.

The threshhold issue of any right of either joint tenant to an accounting was not raised in the court below. It is not raised, briefed or argued in this case.

The action began with plaintiff’s complaint alleging malicious destruction of six acres of growing strawberry plants on a portion of the jointly-owned land. The multiple count complaint also seeks double or triple damages pursuant to statutes claimed by plaintiff to…