Rainer v. Holmes

To do justice between the parties is the object of a court of equity. The rule is that a cotenant in possession may, in a partition action, be reimbursed for expenditures for improvements made in good faith for the preservation and enhancement in value of the common property. Anno. 1 A. L. R., Partition, 1189. Where he has received rents and profits from the common property during his occupancy, the value of such rents and profits is to be offset against the value of the permanent improvements made by him. Anno. 136 A. L. R., Cotenants, 1022. What appellants seek in this action is the offset…