Mackey v. Mackey

Citations

• 99 Kan. 433

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Proceedings in Probate Court — No Bar to Partition Suit. The pendency of administration proceedings in the probate court does not necessarily bar a suit in partition in the district court.</p> <p>2. Partition — Accounting between Cotenants — Properly Adjusted. Where the claims against the personal estate in the probate court have been adjudicated they may properly be considered in an incidental accounting which arises in the partition suit.</p> <p>'3. Partition — Unsurping Cotenant — Accounting—Bents. Where upon competent evidence the fact is ascertained by the district court that a cotenant excluded her cotenant from possession of property, the fair rental value of the property may properly be charged against the unsurping cotenant in an incidental accounting which pertains to the partition suit.</p>