Medford v. Frazier
Mississippi Supreme Court
Appeal from the Chancery Court of Lee County. Hon. Lafayette Haughton, Chancellor. The appellees filed the-bill in this cause, seeking partition of a quarter-section of land, of which, it is alleged, the complainants and defendants are tenants in common, and demanding an account for the rents, which, it is alleged, have been received by two of the defendants, who have been in possession of the land since 1877. The defendants demurred to the bill, and, the demurrer having…
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Appeal from the Chancery Court of Lee County. Hon. Lafayette Haughton, Chancellor. The appellees filed the-bill in this cause, seeking partition of a quarter-section of land, of which, it is alleged, the complainants and defendants are tenants in common, and demanding an account for the rents, which, it is alleged, have been received by two of the defendants, who have been in possession of the land since 1877. The defendants demurred to the bill, and, the demurrer having been overruled, they appealed. The only ground of demurrer which it is necessary to state is clearly-indicated in the…
1Opinion of the CourtChalmers, C. J.
None of the grounds of demurrer are well taken. The only one which demands special notice raises the question whether it is admissible in a bill t'or partition to pray for an account for rents against such of the co-tenants as have been in possession of the common property. This question, though of first impression here, is well settled elsewhere in the affirmative. Freem. on Co-ten., sect. 512, and cases cited.
The occupying co-tenant will not be liable for rents unless it be shown that he has occupied more than his just proportionate share of the common estate, and then only for the rent of…
2Cited by7 opinions
- Walker v. WilliamsMississippi Supreme Court · 1904
- Schuster v. SchusterNebraska Supreme Court · 1909
- Bennett v. BennettMississippi Supreme Court · 1904
- Jefcoat v. PowellMississippi Supreme Court · 1959
- Oldham v. Memphis Stone & Gravel Co.Mississippi Supreme Court · 1927
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