Brown v. Thurstin

Citations

• 83 Kan. 125
• 109 P. 784
• 1910 Kan. LEXIS 482

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tenancy in Common — Liability of Occupying Tenant for Rent. The mere occupation and use of the common property by one tenant in common does not create the relation of landlord and tenant between him and his cotenant, nor render him liable for rent.</p> <p>2. -- Same. Before a tenant in common will become liable to pay rent to his cotenants for the use and occupation of the common property his occupancy must be such as amounts to a denial of the right of his cotenants to occupy the premises jointly with him, or the character of the property must be such as to make such joint occupancy impossible or impracticable.</p>