Tolen v. Tolen

The property ordered to be sold in partition consists of a six-room house on a lot twenty-five by one hundred. It belonged to the mother of the complainant and four defendants, and was occupied by their parents. The defendant Sadie Winans and her husband lived with her parents until they died, and then, as she says, she "just stayed on." The master correctly reported that she was not chargeable for the use and occupation, to which exception has been taken.

Mrs. Winans was in sole, but not exclusive, possession. She had the legal right as co-tenant to occupy the house. Cotenants have a several…