Grubbs v. Dembec

PRICE, Judge.

On November 4, 1974, the appellees’ action for the partition of certain improved commercial real estate, held in common by the parties to this appeal, but in possession of the appellees, resulted in the entry of a Decree Nisi by the court below directing distribution of the proceeds from the sale of said real estate. The appellant 1 contends that the lower court erred by failing to deduct from appellees’ distributive share of the property the proportionate part of the rental value thereof to which she, as co-tenant not in possession, was entitled. 2 We agree, and therefore remand…