Riechmann v. Riechmann

Upon what basis must a co-owner of farmlands who is in possession attorn to his co-owners for his use of the property? Total net receipts or reasonable rental value?

Defendant appeals from a judgment of the trial court rendered in an action for an accounting. Plaintiff was a co-owner and in possession, and defendant was the other co-owner, of a farm. The order appealed permitted plaintiff to account for one-half of the reasonable rental value of the farm rather than one-half of the entire net proceeds from the farm. The court below found the reasonable rental value of the farm to be one-third…