Duggan v. Duggan.

Opinion by

Me. Justice Simpson,

Defendant was in exclusive possession of realty of which he and plaintiff were tenants in common, and hence became liable to pay to plaintiff his “proportionate part of the rental value of said real estate”: Act June 24, 1895, P. L. 237. To recover this, plaintiff brought the present action in assumpsit, asserting that the rental value was $75 per month, that defendant was entitled to a credit for his payments for repairs, taxes, &c. (the exact amount of which plaintiff did not know), and that “there is justly due and owing to him from the defendant, an amount…