McClintock v. Fontaine

Citations

• 119 F. 448
• 1902 U.S. App. LEXIS 5287

Syllabus

<p>1. Tenants in Common—Advancement of Taxes—Contribution.</p> <p>One who, as trustee, owning an undivided half of certain land, pays taxes on the whole, is entitled, as a tenant in common, to contribution from the other owners, and therefore to a lien on the land for the amount advanced.</p> <p>2. Vendor—Defense of Title—Contribution from Vendee.</p> <p>• The owner of land, who conveyed, with covenants for quiet enjoyment and of warranty, an undivided portion thereof, having defended a suit involving all the land, without any notice from the grantee requiring him to so defend, was entitled to contribution for expenses Incurred thereby.</p> <p>S. Equity—Jurisdiction—Multiplicity of Suits.</p> <p>In a suit for partition a cross-bill was filed by one of the co-owners, asserting a lien for taxes paid and advanced on the land, and seeking contribution. It appeared that plaintiffs were entitled to contribution from the complainants in the cross-bill for expenses incurred in defending a suit involving the whole land. Held, that the two claims could be adjusted in the parfition suit, and it was not necessary for plaintiffs to file a bill for contribution, or bring an action at law.</p>