Boley v. Skinner

Citations

• 38 Fla. 291

Syllabus

<p>1. When a cotenant has in good faith enhanced the value of part of the premises held in cotenancy by making improvements thereon, the fruits of such expenditure and industry will be secured to the one making the improvements in a partition of the common property by allotting to him the parcel so enhanced in value, or as much thereof as represents his share of the whole tract, provided it can be done consistently with an equitable partition of the estate. .</p> <p>2. The good faith required in making the improvements on part of the estate is that they should be honestly made, for the purpose of improving the property, and not of embarrassing another cotenant, or encumbering the estate, or hindering partition.</p> <p>3. In directing a partition of real estate the court may assign to the parties respectively such parts of the estate as will best accommodate them and be of most value to them with reference to their respective situations in relation to the property before partition, if it can be done consistently with an equitable partition.</p>