Lemly v. Works
Supreme Court of Arkansas
Appeal from Gf-arland Chancery Court; J. P. Henderson, Chancellor; 1. A cotenant can maintain a suit for contribution for the cost of improvements made on the common property which were necessary to maintain the rental value, when the cotenant is receiving continuously her share of the rents. 2. The proof shows that the improvements were necessary to maintain the rental value. 31 Ark. 562. A partition suit was unnecessary.
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Appeal from Gf-arland Chancery Court; J. P. Henderson, Chancellor; 1. A cotenant can maintain a suit for contribution for the cost of improvements made on the common property which were necessary to maintain the rental value, when the cotenant is receiving continuously her share of the rents. 2. The proof shows that the improvements were necessary to maintain the rental value. 31 Ark. 562. A partition suit was unnecessary. The building was old and dilapidated and the improvements were necessary to maintain the rental value, as the testimony shows. 23 Ark. 212; 21 Id. 556. The improvements…
1Opinion of the CourtWood, J.
This action was begun by the appellant against the appellee in the circuit court.
The appellant alleged that he and the appellee were owners of a certain building in the city of Hot Springs; that appellant at the request of the appellee made certain improvements on the building, which amounted in the aggregate to the sum of $582, one-half of which was due from appellee to appellant, for which he prayed judgment.
The appellee answered admitting that she was the owner of an undivided óne-half interest in the building, but denied that the appellant made the improvements on the building at her…
2Cases cited7 opinions
- Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
- Cosgriff v. . FossNew York Court of Appeals · 1897
- Brown v. CooperSupreme Court of Iowa · 1896
- Cooper v. BrownSupreme Court of Iowa · 1909
- Dresden's v. WalkerSupreme Court of Arkansas · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bowers v. RightsellSupreme Court of Arkansas · 1927
- Ward v. PipkinSupreme Court of Arkansas · 1930
- Bank of Commerce v. FairbankSupreme Court of Arkansas · 1922