Bennett v. Bennett

Citations

• 84 Miss. 493

Syllabus

<p>1. Partition. Accounting. Improvements. Rents. Taxes. Lien.</p> <p>In a suit for partition of land:</p> <p>(a) An occupying tenant in common is not liable to his co-tenants for rents, unless he has occupied more than his proportionate share of the land, and then only for the rent of the excess.</p> <p>(5) A tenant in common is entitled to the cost of valuable, permanent, and not ornamental improvements put by him on the land in excess of his proportionate part thereof.</p> <p>(c) A tenant in common is entitled to a lien on the shares of his co-tenants in the land for taxes paid by him beyond his proportionate share, and for any sum due him for improvements or rent from his co-tenants.</p> <p>(d) A tenant in common who has improved a portion of the land equal in area to his proportionate share on partition in kind should have the same allotted to him.</p> <p>(e) A tenant in common who has improved a portion of the land of greater value than his proportionate share, is entitled to have the same allotted to him upon partition in kind, subject to contribution by him to his co-tenants.</p> <p>(f) If the enquiry as to rents go behind the death of one under whom the co-tenants claim, an administrator of his estate may be made a party, unless administration be unnecessary.</p>