Pennington v. Purcell

* Corpus Juris-Cyc. References: Lis Pendens, 38CJ, p. 51, n. 51; p. 52, n. 55; Tenancy in Common, 38Cyc, p. 66, n. 71; p. 72, n. 84, 90 New. As to liability of cotenant to account for use and occupation or rents and profits, see annotation in 28 L.R.A. 829; 29 L.R.A. (N.S.) 224; 7 R.C.L. 836. The appellant, Pennington, appeals from a decree sustaining a demurrer to his bill filed for the purpose of determining the question of whether or not a deed of trust held by him on an undivided interest in certain lands was superior to the lien of one cotenant for use and occupation by another cotenant…