Leake v. Hayes

Citations

• 13 Wash. 213
• 43 P. 48
• 1895 Wash. LEXIS 76

Syllabus

<p>PARTITION — PLEADING — RECOVERY BY CO-TENANT FOR IMPROVEMENTS AND TAXES—LIABILITY OF CO-TENANT FOR USE AND OCCUPATION — APPEAL — OFFER TO MODIFY JUDGMENT.</p> <p>The refusal of the court to permit defendant in partition to withdraw an answer setting up the entire title in herself and file an amended answer setting up a tenancy in common with others is not erroneous, since partition must of necessity be made under the statute according to the interest of the respective owners of the land sought .to be divided.</p> <p>A tenant in common in possession of property under a claim of ownership is entitled on partition to recover such portion of the taxes paid by her as inured to the benefit of the other owners.</p> <p>The offer of respondent after an appeal has been taken to consent to a modification of a judgment for the purpose of correcting error therein, will not affect the right of appellant to a reversal.</p> <p>A co-tenant who has in good faith, under the belief that she was the owner of the entire title, placed improvements on the land, is entitled on partition to be allotted the land upon which such improvements were placed, if capable of such partition without any diminution of the proportionate shares of the other co-tenants, and in case of sale, the value of the improvements in such case should be awarded out of the proceeds to the co-tenant making them.</p> <p>A tenant in common who enters upon the common estate which yields no profits, and so improves it as to make it productive, is entitled to all the profits produced by means of such improvements, and no allowance should be made against him for the increase in value of the land occasioned by such improvements.</p> <p>A tenant in common in exclusive possession cannot be rendered liable for use and occupation, or rents and profits, until after demand therefor by his co-tenant.</p> <p>The rule in ejectment, under Code Proc., §534, limiting the recovery for improvements made by one in possession of the land