Erickson v. Erickson

A proper determination of the rights of the respective parties is thought to depend upon the construction of the Oregon statutes relating to joint tenancy. Tn 1854 the territorial legislature passed an act, of which the following is a part:

“Sec. 38. Joint tenant, or tenant in common, and his executors or administrators, may maintain an action against his co-tenant, for receiving more than his just proportion of the rents or profits of the estate owned by them as joint tenants, or tenants in common.” Stat. of Oregon, 1855, p. 410, § 38. (Enacted Jan. 16, 1854.)

The same legislature enacted the…