Annely v. DeSaussure

Citations

• 26 S.C. 497
• 2 S.E. 490
• 1887 S.C. LEXIS 72

Syllabus

<p>1. Where land that is incapable of actual division or separate occupancy, e. g., a wharf, is wholly taken possession of by a tenant in common, he necessarily excludes his co-tenant; and after such ouster, the tenant in possession is liable to the co-tenant for rents and profits.</p> <p>2. Where an improving tenant receives no compensation for his improvements to the common property, he is not chargeable with the rents due to his improvements; but where he is compensated to the extent of the increased value imparted to the premises by these improvements, he should be charged with so much of the rents as is due to the property in its unimproved condition.</p> <p>3. Where a tenant by his improvements, made under a belief of exclusive ownership, utilizes a valuable wharf property, the rents received therefrom are due in part to his improvements (for which he is not accountable) and in part to the land upon which they were placed (for which he is accountable).</p> <p>4. The tenant in possession insured one of the buildings on this wharf, after action instituted, and it was burned, and the insurance money was used in restoring the burnt building. Held, that he was not liable to his co-tenant for any part of this insurance money.</p>