Armijo v. Neher

Citations

• 11 N.M. 645
• 72 P. 12

Syllabus

<p>SYLLABUS.</p> <p>1. An entry by a cotenant claiming title under a deed purporting to convey tbe whole estate is a constructive ouster, and sufficient notice to start the statute of limitations as to his obligation to account to his cotenants for rents and profits received by him.</p> <p>2. Under Comp. Laws of 1897, section 2550, providing that interest shall be allowed at 6 per cent, on money received to the use of another and retained without the owner’s consent, where a cotenant entered, under a deed purporting to convey the whole estate, and claimed the land adversely, he was liable for interest on his cotenants’ share of rents and profits received, notwithstanding his cotenants’ failure to demand the same.</p> <p>3. In a suit for an accounting between cotenants, the tenant in possession, erroneously claiming the entire estate, was entitled to credit for taxes paid, where it did not appear that he had returned the property at-more than its value, or in bad faith for the purpose of embarrassing his cotenants’ interest therein.</p> <p>4. Where, in a suit between cotenants for an accounting, there was no proof that repairs made by the tenant in possession were necessary, or that improvements made added to the- rental or permanent Value of the premises, no allowance could be made therefor.</p>