Moreira v. Schwan

Citations

• 113 La. 643
• 37 So. 542
• 1904 La. LEXIS 685

Syllabus

<p>JOINT OWNERS — EIGHTS AND POWERS — ACCOUNTING — ACTION POE POSSESSION — BENTS OP JOINT PROPERTY.</p> <p>1. Where the joint owners of a storehouse cannot agree as to its administration, and the evidence shows that the joint owner in possession has charged himself with the full rental value of the property, and expended same for the common benefit in defraying expenses of cultivating a plantation jointly owned by the parties, plaintiffs’ remedy is by suit for a partition and settlement of accounts, or for a division of profits, and not by action for possession and to recover their proportion of the rents of the storehouse, with damages.</p> <p>On Rehearing.</p> <p>2. An amount due by a joint owner for rent of property which he has used, without objection of his co-owners of property, toward defraying the expenses of other property, a plantation owned in common, will remain on the “plantation account” in settlement of plantation affairs to be accounted for.</p> <p>3. The owner in possession had no right to continue applying the rent toward paying expenses after suit brought, fully notifying him that they did not consent to the use of the rental as made, but were opposed to it.</p> <p>4. Where the facts show that a joint owner of .a property is holding on to rental without right, and applying it to a purpose against the wish of the owners, they are entitled to judgment for the rental from the day that the joint ■owner, who is lessee, is notified that he must cease thus to apply the fund.</p> <p>5. After notice they were funds for which the joint owner, lessee as well as agent, is liable.</p> <p>6. If a joint owner wrongfully confiscates a joint owner’s rent, the latter may sue to recover the rent and be reinstated in his rights as joint owner.</p> <p>7. At first the joint owner used the property, ■of which he afterwards became tenant, with due regard to the rights of his co-owners. Afterward he applied the rent to pay the expenses ■on another property also owned in c